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37 




NEW HAMPSHIRE AS A 
ROYAL PROVINCE 



BY 

WILLIAM HENRY FRY, A. M. 

Sometime ScU§ Fellow in PolUieal Science 



, 


NOT 


?C 


BE 


TAX>:iT 




SUBMITTE 










IREMENTS 


FC 










iY 



FROM 



LIBRARY 



1908 



NEW HAMPSHIRE AS A 
ROYAL PROVINCE 



^f7 



BY 

WILLIAM HENRY FRY, A. M. 

Sometime Schiff Fellow in Political Science 



SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS 

FOR THE DEGREE OF DOCTOR OF PHILOSOPHY 

IN THE 

Faculty of Political Science 
Columbia University 



1908 






Copyright, 1908, 

BY 

WILLIAM HENRY FRY 



i37 . ,r 



MY MOTHER 



IN LOVING ACKNOWLEDGMENT OF ALL THAT SHE 

HAS DONE FOR ME 

THIS WORK IS MOST AFFECTIONATELY 

DEDICATED 



PREFACE 

In the numerous references accompanying the body of 
the work, the sources from which the material for this 
monograph has been drawn, are clearly indicated. More- 
over, so far as it has been deem.ed practicable, the refer- 
ences are not only very full but also specific, bearing 
directly upon the statement made or the point at issue. 
Both in consequence of the important bearing which the 
period prior to 1680 has upon that which followed it, 
and in order also to do away with many long explanatory 
notes in the succeeding chapters, the introductory chap- 
ter is somewhat longer and more complete than might 
perhaps have been expected. In considering the pro- 
vincial period, the topical method of treatment has been 
adopted because, among other things, the subject under 
review can in that way be treated connectedly and as a 
unit and greater clearness can thus be obtained. Natur- 
ally in a work of this character many matters of interest 
and some also of importance have necessarily been 
omitted. Some of these, however, have been treated 
more or less fully by other writers, while some are of 
such a nature that they cannot be satisfactorily dealt 
with, if the discussion is confined to the work of a single 
province. 

Though not intended originally for publication, the 
matter in the appendix, particularly the dates and refer- 
ences there given, will, it is hoped, prove to be both 
acceptable and useful. 

189] 7 



8 PREFACE [igo 

For the many favors granted and courtesies extended 
to me by librarians, public officials and others, due ac- 
knowledgment is here made. To Professor Herbert L. 
Osgood, of Columbia University, however, my warmest 
thanks are due for the kindly interest which he has man- 
ifested throughout, and for the care with which he has 
read both the manuscript and the proof. 

Wm. Henry Fry. 

New York, Dec, 1908. 



CONTENTS 



CHAPTER I 
Introduction 

FACE 

The results obtained by the London and Plymouth companies 

under the charter of 1606 17 

The charter granted to the Plymouth company in 1620 17 

Among the recipients of its grants were Mason, Gorges, Thom- 
son and Hilton 18 

Thomson's grant, and his agreement with the merchants 18 

Little Harbor settled in pursuance thereof 19 

The grants of the tracts, known as Mariana, Maine, New Hamp- 
shire and Laconia 19 

The Laconia company and the character of its operations 20 

The grant of Piscataway, Nov. 3, 1631 21 

The provisions of the grants, called Mariana, Maine, New Hamp- 
shire and Laconia 22 

On account of its weakened condition, the Plymouth company 

decides to divide up its territory and surrender its charter 25 

In this division, Mason receives the tract covered by the previous 

grants of Mariana and New Hampshire 25 

The character and provisions of the deeds conveying the property 

to Mason 26 

The scheme for the establishment of a general government for 

New England is laid aside 27 

The provisions of Mason's will 28 

His widow temporarily abandons his estate here 29 

Later, the inhabitants enter into a plantation covenant 29 

In 1641 they are brought under Massachusetts rule 29 

The Episcopal minister silenced by Massachusetts 30 

Puritans get possession of the principal offices of trust and power 
and allot among themselves a good part of the town's common 

lands 30 

The attempt to withdraw from Massachusetts abortive 30 

The settlement given the name Portsmouth 31 

The town records destroyed 31 

Numerous grants of land made 32 

The settlement at Hilton's Point (Dover) 32 

191] 9 



10 CONTENTS [192 

PAGE 

Hilton receives a formal grant of the territory 33 

His interests finally sold to Puritans 34 

Captain Wiggin becomes governor or manager 34 

The settlement rent by factions 35 

The adoption of a plantation covenant in 1640 36 

The terms of the union vi^ith Massachusetts 38 

The purpose and meaning of the transfer of jurisdiction and of land, 

made by the Hilton patentees to Massachusetts 39 

The disposition, made by the General Court, of the land, embraced 

within the limits of the Hilton patent 41 

The founding of Exeter 44 

The Indian title to the land extinguished by purchase 45 

The adoption of a plantation covenant 45 

The settlement incorporated with Massachusetts 46 

The disposition made of the town's lands 47 

Hampton settled 49 

Exeter protests against the encroachment 49 

Exeter declared within the limits of Massachusetts 50 

The determination of town boundaries 50 

Mrs. Mason's attempt to re-assert her authority over her husband's 

possessions unsuccessful 51 

Massachusetts northern boundary officially determined 52 

The Restoration brings a change 53 

Mason's heir petitions for relief 54 

Attorney-general's opinion upholding Mason's title 54 

The course pursued by Massachusetts 54 

The king sends commissioners to New England 57 

The commissioners recalled and Massachusetts ordered to send 

agents to England 58 

She refuses to do so 58 

The crisis in England prevents further action 58 

Mason appoints Col. Nicolls his attorney 59 

Nicolls appoints Nicholas Shapleigh agent 59 

Various letters respecting Mason's property 59 

Mason ofifers to sell the king his patent 61 

The joint proposal of Mason and Gorges to the king 61 

Another opinion, upholding Mason's title 62 

Massachusetts, again ordered to send agents, complies 62 

The opinion of the chief justices, 1677 62 

Mason and Gorges make the king another ofifer 65 

Massachusetts purchases Gorges' title to Maine 65 

Mason declines a similar ofifer to sell 65 

New Hampshire created a royal province 65 



1^3] CONTENTS II 

PAGE 

CHAPTER II 
The Executive 

The government, provided for in the royal commission of 1679, 

formally organized 66 

The terms of President Cutt's commission 66 

The administration of the government under the President and 

Council 68 

A change of government decided upon 70 

The essential features of the system thus established, as prescribed 

in the commission 71 

The character of the commission and instructions 74 

The powers of the governor in reality neither so extensive nor 

ample as indicated in the commission 75 

His tenure of office 75 

To secure the removal of an executive was a difficult matter 76 

pThe steps taken to have Cranfield, Usher, Partridge, Belcher, 

'~ Benning.Wentworth and John Wentworth removed 77 

The names of those who served either as President, Governor or 

Lieutenant-Governor of New Hampshire 83 

The disadvantages of the personal union with Massachusetts 87 

Controversy between governor and lieutenant-governor respecting 

the latter's powers during his superior's absence 88 

The executive's support derived from several sources 93 

Their chief reliance was upon grants made by the assembly 93 

No permanent salary fund created 93 

The case of each executive, therefore, was treated separately 93 

The royal instruction of 1 703 loi 

The council 119 

This body acts in different capacities 119 

Here considered as Council of State 119 

Its duties and size 119 

The influence of the governor over it 121 

The number necessary for a quorum 122' 

A quorum often lacking; reasons therefor 122 

The members represent no particular locality 123 

Their tenure of office 124 

The character of the members 125 

Relations existing between governor and council 126 

Character and amount of business transacted 126 

CHAPTER III 

The Legislature 

No central law-enacting body at first 128 



12 CONTENTS [194 

PAGE 

While under Massachusetts control all the settlements"^except Ex- 
eter represented in the General Court 128 

^Provisions in the various commissions respecting assemblies 129 

't-The governor an important factor 131 

The assembly assumes the bicameral form 132 

The upper house or council 132 

Compensation of members of the assembly 134 

The lower house or house of representatives 134 

Qualifications of its members 135 

Restrictions of the franchise 135 

Manner of calling assemblies 136 

The administration of the oaths 136 

The selection of a speaker 137 

Contest over the right of the governor to disapprove the speaker .. 137 

The selection of a clerk 142 

Prayer a part of the opening exercises 143 

Rules for the regulation of the house 144 

The number constituting a quorum 146 

The lower house becomes the judge of the elections, returns and 

qualifications of its members 148 

The number of representatives in the assembly and the places repre- 
sented 152 

The unit of representation 152 

The lower house never an unwieldly body. Its numerical growth. 153 
The right of the governor to send writs to whatever places he 

chose questioned 154 

Attempts to limit by law the governor's power by designating the 
places to be represented and by specifying the number of repre- • 

sentatives 164 

The manner of filling vacancies 168 

Power of adjourning, proroguing and dissolving assemblies 169 

Special sessions of the assembly 171 

The life of the various assemblies varies 172 

Efitorts resulting in triennial act 175 

Committee system evolved 1 78 

Composition of the committees 179 

Conferences of the two houses 180 

Lower house considers and acts upon petitions 180 

The clause in the commission touching upon the support of the 

government 181 

Cranfield's interpretation of same 182 

Lower house regards question of raising money as one for it to 
settle and determine 182 



195] CONTENTS lo 



PAGE 



Is permitted to examine accounts 183 

Holds treasurer to a stricter account 184 

Refuses to make permanent provision for the support of the gov- 
ernment 186 

Frequent sessions therefore necessary , 186 

The governor's control of the provincial funds becomes more and 

more limited 1 86 

The Board of Trade protests against it 188 "^ 

The policy adopted by the house to enforce its will upon the gov- 
ernor and council 188 

Its inroads upon the governor's military powers 193 

Its encroachment upon his power of appointment 202 

Asserts its right to have a voice in the establishment and regula- 
tion of the courts 205 

Result of its many encroachments 208 ^ 

CHAPTER IV 

The Land System 

Titles to land in New Hampshire long uncertain and open to ques- 
tion 209 

Recognition of Mason's claims in the commission 209, 214 

Mason's efiorts unsuccessful, the government being hostile 210 

Cranfield and Mason; verdicts favorable to latter 214 

King's decision respecting charges against Cranfield 219 

Allen purchases Mason's title to the province 220 

Allen brings suit against Waldron 221 

Gov. Dudley's efforts to effect a settlement 223 

Mutilation of the records 227 

Allen's sudden death prevents probable settlement 229 

His son brings new suit against Waldron, but loses 233 

Character of the evidence at these various trials 234 

Hobby's purchase; the proposals of his heirs 239 

Attempts made to have southern boundary determined 241 

Massachusetts makes many grants in disputed territory 252 

King appoints commissioners to determine the lines 251, 255^ 

Belcher's conduct; action of committee of assembly 256 

Both provinces appeal from commissioners' decision 260 

King's decision in New Hampshire's favor 263 

This decision opens up controversy with New York 264 

New Hampshire makes grants west of the Connecticut 266, 274 

The proclamations of Lt.-Gov. Colden and Gov. Wentworth 269 

Colden's representations to the Lords of Trade 271 

The king decides the controversy in New York's favor 273 



14 CONTENTS [196 

PACE 

The townships granted and parishes erected before 1741 275 

Analj'sis of the charters issued during that period 280 

Charters granted in territory formerly possessed by Massachusetts. 287 

The provisions of the charters of incorporation 288 

The town charters granted by Gov. B. Wentv.orth analyzed 290 

The provisions of those granted by Gov. John Wentworth 292 

The time limit of grants extended; grants regranted, forfeited 294 

Method of allotment; difficulties met by settlers 296 

Town meetings; business transacted by towns 298 

Validity of sale to Samuel Allen questioned 300 

John Tufton Mason's quit-claim to Massachusetts 301 

The tripartite agreement 302 

Mason sells out his interest in New Hampshire 303 

Attem.pts to sell same to the government unsuccessful 304 

Validity of John Tufton ]\Iason's title questioned 307 

Proceedings of the Masonian proprietors 3C9 

Provisions of the various grants made by them 314 

Controversy over western boundary of their claim 317 

They effect a compromise with the state 17S8 319 

They also eftect a settlement with Allen's heirs 319 

The proprietary disposes of all its lands 320 

CHAPTER V 
Finance 
The scarcity of money, the reasons therefor and the attempts made 

to relieve the situation 321 

The right of the assembly to provide for the support of the govern- 
ment conceded in the commissions - 323 

Temporary character of the revenue acts 324 

Attempt to raise money without assembly fails 325 

The revenue under President Dudley and Gov. Andros 327 

The second union with ^lassachusetts 329 

The restoration of a royal form of government 330 

Sources of the revenue; fluctuation of the taxes ZiZ 

Lieutenant-Governor Usher and the assembly 334 

Attitude of assembly toward Allen and Bellomont 338 

Conditions in province improve after peace of Ryswick 339 

Revenue increased; duties levied on lumber 339 

Lower house in favor of having the public charges defrayed by tax 

on polls and estates 340 

Granting governors salaries increase annual charges 340 

War increases those charges 34^ 

Conditions leading to issue of paper money 345 



IQ7] CONTENTS 15 

PAGB 

State of the province debts 346 

New issues and re-issues of paper money 348 

Tax money loaned out at interest 348 

The redemption of bills of credit postponed 349 

To ameliorate conditions due to scarcity of money, money is loaned 

out with land as security 349 ^ 

It fails to produce the results anticipated 351 ^ 

Instructions concerning paper money 351, 358 

Depreciation of the paper money; causes thereof 353 

Steps taken to prevent counterfeiting 356 

Redemption of the money loaned out postponed 357 

Though governor is restrained by his instructions, house insists on 

further emissions 359.^ 

The import, excise and tonnage duties 368 

Gov. Wentworth's first speech; the assembly's reply 372 

The issue of ' ' new tenor ' ' bills 374 

;^25,ooo issued on loan 376 

Governor's comments; Board of Trade's action 2)77 

Massachusetts' proposal about paper money 380 

War necessitates issue of considerable paper money and forces gov- 
ernor to override his instructions 380 

Hutchison's proposal to abolish paper money 394 

Parliament reimburses province; latter invests the money 396 

Parliamentary restrictions on paper money 398 

Memorial on province's financial condition 399 

War again necessitates issue of paper money 404 

Sterling money secured by bills of exchange 404 

Bills of a new form and tenor issued 411 

Board of Trade's comments on various acts • 412 j 

Currency put on gold and silver basis 415 

Acts designating legal rate of interest and setting value on current 

coins repealed by home government 417 

Another act designating legal rate approved 418 

Proclamation setting value on coins null and void 418 

Parliamentary acts for raising a revenue 419 

Taxes become less burdensome after the war 420 

CHAPTER VI 

Justice 

The period prior to 1680 421 

Treatment of the provincial period 421 

Provisions of commissions and instructions concerning justice 422 

Work of the assembly under the Cutt commission 430 



l6 CONTENTS [198 

PAGE 

Chamberlain's comments; action of English authorities 433 

Character of the so-called Cranfield Code 435 

Status of the laws in 1692 - 436 

Some English lav/s unsuitable and inapplicable here 437 

Collections of province laws; imperial action on laws 439 

The constitution of the courts under the Cutt commission 439 

The same under Cranfield; complaints against the latter 442 

The courts under President Dudley and Gov. Andros 444 

The same during the life of Allen's commission 448 

The acts of 1699 and 1 701 ; King repeals both 450 

Later changes and amendments 454 

Petitions and complaints made to assembly 457 

Unpopularity of the Court of Appeals 458 

Demand for a more central location of the courts becomes more 

urgent as settlements extend westward 459 

Position of the assembly and the governor regarding it 461 

Lower house refuses to obey the royal instruction 463 

Lower house remains firm and wins its point 464 

Governor's position in the judicial system 465 

Character and compensation of the judges 465 

The lawyers; the attorney general; the clerk of the court 468 

Duties of justices of the peace; selection of jurors 469 

Duties of the sheriff, coroner and constable 470 

CHAPTER VII 

Military Affairs 

The period prior to 1692 473 

Military powers of the executive head of the province 474 

The laws relating to the militia 475 

Increase in and strength of the militia 483 

The fort at the mouth of the Piscataqua 485 

The sham fight of 1676; the redman's revenge in 1689 ^86 

The various wars with the French and Indians 488 

The method of defense adopted by the settlers 490 

The tactics adopted by the enemy 493 

The disadvantages under which the settlers labored 497 

The lot of the captives 498 

Advantage of keeping the Indians at a distance realized 499 

Bounties offered for scalps; Volunteers; Ranging parties 501 

Difficulties in the way of capturing Canada 501 

The expeditions undertaken against Acadia and Canada, and the 

part which the province took in them 503 

Population of New Hampshire during colonial era 521 

Appendix: Royal Commissions, 1679-1741 523 

" Speakers of the House, 1692-1775 , 524 

" Assemblies, 1692-1775 526 



CHAPTER 1 

INTRODUCTION 

While the South Virginia, or London Company, under 
the charter granted by the king in 1606 for the settlement 
of the territory inchided between the thirty-fourth and the 
forty-fifth parallels of latitude, succeeded in establishing the 
first permanent English colony in the New World, the 
North Virginia, or Plymouth Company, completely failed 
to secure even a foothold in that part of the grant which 
was specially assigned to it for development. The conse- 
quence was that, at the close of the second decade of the 
century, there was not a single English settlement in the 
region to which, but a few years before. Captain John 
Smith had given the name New England. 

Chiefly through the persistent and determined efforts of 
Sir Ferdinando Gorges and a few others, a new charter 
was obtained for the Plymouth Company in 1620.' By 
virtue of it the corpvoration, which was now officially styled 
'* the Council established at Plymouth, in the County of 
Devon, for the planting, ruling, ordering and governing 
New England in America." was granted exclusive juris- 
diction over, and absolute possession O'f, all the land lying 
between the fortieth and the forty-eighth degrees of north 
latitude from the Atlantic Ocean to the South Sea. Within 
those limits it could establish and govern settlements, and 
lease, sell and otherwise dispose oi its territory and its 
privileges either to individuals or to corporate interests. 

^New Hampshire State Papers, vol. xxix, p. 3. 

199] 17 



l8 NEW HAMPSHIRE AS A ROYAL PROVINCE [200 

Some time after the charter was issued the Council began 
to grant tracts of its vast domain to such individual or 
corporate adventurers as applied for the same, and this 
policy it continued to pursue until the charter was surren- 
dered to the king in 1635. The grants were both public 
and private in character, and the amount of land conveyed 
by them varied widely. Sometimes large tracts were 
granted away; at other times but a few hundred acres. 
Amoiig the recipients of the larger grants were Capt. John 
Mason and Sir Ferdinando Gorges, both of whom were 
particularly interested in this part of the continent, while 
among those who' received small grants and settled in what 
is now known as New Hampshire were David Thomson 
and Edward Hilton. 

In the fall of 1622,^ David Thomson received from the 
Council for New^ England, as the Plymouth Company was 
popularly called, a grant of 6,000 acres of land and one 
island in New England. Tlie following December he en- 
tered into an agreement " with three merchants of Ply- 
mouth, England, which provided, among other things, for 
the transportation to New England of himself and seven 
others. As soon as convenient, a suitable place for a settle- 
ment was to be selected and such buildings erected as might 
be needed. Farming, fishing and trading were then to be 
carried on as a joint enterprise. Adjoining the buildings, 
a tract of 600 acres was to be set off, which, at the end of 
five years, was to^ be divided equally among the parties to 
the agreement. At the end of that period, too', the residue 
of the 6,000 acres and the island were tO' be divided among 
the partners into four parts, of which three were to go to 
Thomson. 

^ New HampsJiire State Pa/efs, vol. xxv, pp. 715, 734. 
'^ Ibid., vol. xxv, p. 734. 



201 ] INTRODUCTION 19 

In pursuance of this agreement,^ Thomson came over 
and settled, in the spring of 1623, at a place generally 
known as Little Harbor. As far as can be ascertained 
with any degree of certainty, he is the first European who 
ever settled within the present confines o<i New Hampshire. 
To what extent the provisions of the agreement were car- 
ried out it is impossible to say, for practically nothing is 
known of what transpired in the tiny settlement. From 
the most reliable accounts, however, it appears that Thom- 
SO'U remained there until about 1626, when he removed to 
an island in Boston harbor, which still bears his name. 
Whether the settlement was abandoned upon his withdrawal, 
or continued by others, is uncertain. 

On the 9th of March, 1622, Mason received from the 
Council a grant of all the land extending along the sea- 
coast from the Naumkeag to the Merrimac river.^ To this 
strip, which is now entirely within the limits of Massachu- 
setts, he gave the name Mariana. On the loth of the fol- 
lowing August he and Gorges received a joint patent for 
all the territory lying between the Merrimac and the Ken- 
nebec rivers.^ This they agreed to call Maine. Seven 
years later they seem to^ have come tO' some agreement re- 
specting the division of that grant, for on November 7th^ 
1629, Mason secured a separate grant from the Council 
of that part of the territory which lay to the south of the 
Piscataqua.* In honor of the English county of Hamp- 
shire, where many of the best years of his life were spent, 
he called it New Hampshire. Just then Kirke arrived in 
London from his successful expedition against Canada, 
bringing Champlain a prisoner. With the view of obtain- 

^ New Hampshire State Papers, vol. xxv, pp. 714, 717. 
*Ibid., vol. xxix, p. ig. '^ Ibid., vol. xxix, p. 23. 

^Ibid., vol. xxix, p. 28. 



20 ^^^EJV HAMPSHIRE AS A ROYAL PROVINCE [202 

ing a share of the rich fur and peltry trade of that country, 
which they had reason tO' beheve would remain in the hands 
of the English, Mason, Gorges and some others obtained, 
on November the 17th, a rather indefinite grant of land 
lying tO' the west and northwest of the Merrimac and Ken- 
nebec rivers, bordering on Lake Champlain and extending 
thence westward half-way tO' Lake Ontario- and northward 
to the St. Lawrence.^ On account of the number of lakes 
which it was supposed tO' contain, the grantees called the 
country Laconia. As it was then believed that the lakes 
could be easily reached from the New England coast by 
sailing up some of the rivers that there flow into the At- 
lantic, the possessors of the grant were given permission to 
use any of the rivers, or seaports, or pass through any 
lands then under the control of the New England Council 
" without any let, trouble, interruption, molestation, or 
hindrance.'' Furthermore, in order that they might have 
suitable accommodations near the coast for carrying on their 
business, it was provided that they might choose " in any 
of the ports, harbors or creeks in New England, lying most 
commodious for their passage up into the said lakes,"' one 
thousand acres of any land hitherto unappropriated." In- 
stead of taking advantage of this clause of the patent, those 
that were sent over by the Laconia partners established 
themselves upon the lands which had been settled and im- 
proved b}' David Thomson. Soon after the grant was 
•issued Mason and Gorges, in order to advance their inter- 
ests, formed with six merchants of London the so-called 
Laconia Company. From time to time they sent over both 
men and supplies. Capt. Walter Neale was made governor 
and Ambrose Gibbons factor. Two new plantations were 

^ New Hampshire State Papers, vol. xxix. p. 2>2)- 
^Ibid., vol. xxix. pp. 37. 38. 



203] INTRODUCTION 21 

started, one at Strawberry Bank, where a large house was 
built, which later on was referred to as Mason Hall, and 
the other at some falls on the Newichwannock river, some 
distance further away, on the other side of the Piscataqua, 
where a little later some saw-mills were set up and lumber- 
ing was carried on. Several attempts were made to find an 
easy route to the lakes, but these were all unsuccessful. Al- 
though their chief reliance was the fur-trade, fishing" was 
also an important industry. Land was cleared and some 
attention was devoted to the cultivation of the soil and the 
manufacture of potash. Moreover, cattle-raising received 
considerable attention. Clapboards and pipe-staves, too, 
were made. Salt was manufactured on a small scale and 
vines were imported. A search for iron-ore was also 
made. On November 3, 1631, a patent was obtained from 
the Council which confirmed them in possession of the lands 
they then held and granted them a definite amount of land 
on both sides of the Piscataqua.^ That part of the grant 
south of the Piscataqua had a water frontage on three sides 
and embraced all the land north of a line drawn from the 
lower falls on Lamprey river to a point at or near Rye 
Ledge ou the Atlantic coast, while the part north of the 
river consisted of a strip three miles wide, beginning at a 
point on the coast fifteen miles to the southeast of the har- 
bor's mouth, and extending along the shore and up the 
river for a distance of thirty miles. ^ "The Lsles of Shoals 
and the fishings thereabouts " were also conceded to the 
grantees. Although considerable money had been invested 
in the undertaking, the returns were small, and when a 
heavy loss was incurred as a result of an ill-timed fishing 
voyage in 1632, most of the Lacoiiia partners became so 

' New Hampshire State Papers, vol. xxix, p. 39. 
^ Ibid., vol. xxix, p. 41; vol. xxv, p. 679. 



22 NEW HAMPSHIRE AS A ROYAL PROVINCE [204 

discouraged that they decided to proceed no further until 
Capt. Neale reported to them in person/ Accordingly, in 
1633 Capt. Neale went to England and directions were 
given to certain men to take charge of the several planta- 
tions. A few months later the partnership was dissolved 
and arrangements were made for a division of the stock 
and lands of the company among the partners. Concerning 
the dissolution, Mason said, in a letter tO' Ambrose Gibbons, 
that he was sorry " so good a business (albeit hitherto it 
hath been unprofitable) should be subject to fall to the 

ground " "I have disbursed," he continued, " a 

great deal of money in the plantation and never received 
one penny, but hope, if there w^ere once a discovery of the 
lakes, that I should, in some reasonable time, be reimbursed 
again." ^ Masoii and Gorges continued to develop their 
allotments, but each now acted independently of the other. 
The former confined his attention to tlie country south of 
the Piscataqua and to the plantation at Newichwannock, 
while the latter devoted himself to* the development of the 
tract between the Piscataqua and the Kennebec. 

In the grants of the tracts designated as Mariana, Maine, 
New Hampshire and Laconia, it was stipulated that the 
lands so granted should be held, after the manner of East 
Greenwich in England, in free and common socage and not 
in capite or by knight's service. In other words, the land 
was not held immediately of the king nor by a military 
tenure. Moreover, unlike the latter, where the services 
were, from their very nature, precarious and uncertain, the 
tenure by which these lands were held was by services that 
were certain, fixed, and determinate.''' Its chief obligations 



^ Prijtce Society j^iiblicaiiojis, vol. xiii, p. 305. 

"^Ibid., vol. xiii, p. 331. 

* Blackstone' s Commentaries, book ii. pp. 60-89. 



205] INTRODUCTION 23 

were fealty and rent, and its liability escheat. Furthermore, 
the territory could be divided up, transferred, entailed, 
leased and sold just like an ordinary estate oi land, and, 
as such, it was subject tO' all the conditions of natural in- 
heritance. In all four g-rants, two-fifths of all the gold 
and silver found was expressly reserved, one-half for the 
king and one-half for the grantors.^ Furthermore, men- 
tion was made in all of an annual rent. This, however, 
was but nominal. In the grants of Mariana and New 
Hampshire the sum specified was five shillings a year, and 
in that of Maine it was fixed at double that figure, while 
£10 was the amount designated in the Laconia grant.^ In 
the first three grants there was attached to the clause speci- 
fying the rent the words "if it be demanded," which would 
imply that in those cases at least it need only be paid when 
actually demanded by the grantors. Moreover, all the 
grants contained a provision, stipulating that the grantee 
or grantees, as the case might be, should establish such a 
form oi government upon the premises as would be con- 
sistent with, and agreeable to, the laws and customs of 
England, and if charged at any time with neglect of duty 
in this matter, he or they were to institute the necessary 
reforms according to the directions of the President and 
Council of New England.^ In the grants of Maine, New 
Hampshire and Laconia there was an additional clause to 
the effect that, in default of this, any of the aggrieved in- 
habitants upon the grant might appeal tO' the chief courts 
of the President and Council.* All these provisions, how- 

^ New Hampshire Staff Papers, vol. xxix, pp. 2t, 22, 26, 2-], 31, 32, 
35. 36. 

*Ibid., vol. xxix. pp. 22. 26, 31, 35. 
^Ibid., vol. xxix, pp. 22, 2-], 32. Z7- 
^ Ibid., vol. xxix, pp. 27. 2)2, 2i7- 



NEIV HAMPSHIRE AS A ROYAL PROVINCE 



[206 



ever, transferring powers of government to the grantees 
were invalid because the Council for New England could 
not transfer governmental powers to any of its grantees, as 
a special charter from the king was always necessary for the 
transmission of such powers/ According to certain pro- 
visions in twO' of the grants — those of Maine and Laconia — 
the grantees were under obligation to build a fort, furnish 
it with a competent guard, and settle at least ten families 
upon the place, failing in which they were to forfeit £100 
sterling to the President and Council." Then, again, in all 
the grants it was provided that any land which was alien- 
ated to a foreigner or to a foreign nation " without the 
special license, consent and agreement of the President and 
Council " should revert to the Council for New England.^ 
Finally, in each grant some particular person was author- 
ized to put the grantee in possession. Thus, in the grant 
of Mariana, Ambrose Gibbons was the person appointed 
for that purpose, and in that of Maine it was Capt. Robert 
Gorges. In the New Hampshire patent, Capt. Walter 
Neale was the person designated, while in that of Laconia, 
Edward Godfrey was the one named for that service.* 

From the time of its establishment in 1620, the Council 
for New England encountered considerable opposition. As 
the clamor in the nation against monopolies became more 
pronounced, this naturally increased and was more sus- 
tained. Charges were frequently made against the Council 
and it was often assailed before the privy council. Then, 
too, settlements had sprung up within the territory, which 
threatened to defeat the great object w^hich some of the 
more energ-etic members had most in view. Moreover, 

^ New Havipshire State Papers, vol. i, p. ^i"/. 

^Ibid., vol. xxix, pp. 27. 37. ^ Ibid., vol. xxix, pp. 23. 27. yz. 37. 

''Ibid., vol. xxix. pp. 22,, 28. 2>^. 38. 



207] INTRODUCTION 25 

some of the latter had spent considerable sums in various 
undertakings, in the hope oi deriving some substantial ad- 
vantage from the grants they received, but in this they had 
been disappointed, and they now saw no better prospects of 
success in the future. Weakened by the continued attacks 
of its enemies, the Council was neither in a position to en- 
force its demands nor properly control its afifairs in the 
New World. Realizing that its position was almost hope- 
less, the Council resolved upon a change. According to the 
plan which was now devised, the entire territory was first 
to be divided into provinces, after which the charter was 
to be surrendered to the king, who' was tO' confirm, by new 
grants from himself, the several divisions thus made and 
appoint a general governor for the whole country. Ac- 
cordingly, in February, 1635, the Council held a meeting, 
at which the members divided among themselves all the 
territory embraced within the limits of their grant.' In 
this apportionment Capt. Mason, who had become a member 
of the Council in 1632, received all the land covered by his 
former grants of Mariana and New Hampshire. In pur- 
suance of an agreement entered into at the same meeting 
the several divisions were, 011 April i8th, leased out for a 
term of 3,000 years to various persons, really in trust for 
those to whom the lands had been allotted, although this 
was not mentioned, and four days later deeds of feoffment 
and of bargain and sale were executed in favor of the actual 
grantees of the several divisions." The person to whom 
the lease of Mason's lands was made out was John Wol- 
laston, his brother-in-law, who, by an indenture, dated the 
Tith day of June, formally transferred the lands to Mason 

^Prince Society Publicatiofis, vol. xii. p. 204. 

'^ Ibid., vol. xii, pp. 26. 204. 206; Neiu Hampshire State Papers, vol. 
xxix, pp. 60. 64; vol. xvii, 488. 



.26 ^-EJF HAMPSHIRE AS A ROYAL PROVINCE [208 

again. ^ The last deeds which were issued by the Council 
for the purpose of confirming- the grantees in possession O'f 
their allotments were two in number, both of which were 
executed on April 22d, 1635." Not long afterwards the 
charter was surrendered to the king.^ 

Thus everything was done to make the several grants 
binding and impregnable from a legal standpoint.* From 
an examination of the lease and the two deeds, it is to be 
noted that they are much shorter than the previous instru- 
ments of conveyance and lacked some of the details char- 
acteristic O'f the latter. Thus, in substance the lease stated 
that, in pursuance of an agreement of February 3d, and 
for other good causes and considerations, the lands were 
leased to John Wollastoii for a term of 3,000 years, with 
all the rights and privileges properly appertaining thereto; 
that one-fifth of any gold or silver found was tO' be re- 
served to the king, and that the annual rental was one 
peppercorn.'' Of the two deeds which were executed on 
April 22d, the one which was in its nature an indenture 
of bargain and sale, simply stated that the lands were 
granted and confirmed to Capt. Mason, in pursuance of the 
above agreement, with all the rights and privileges incident 
thereto, '* for a competent sum of money," and other good 
causes and considerations, saving one-fifth of any gold or 
silver found, which was reserved for His Majesty.** The 
other deed, which was really a deed of feoffment, stated 
that the lands were granted and confirmed to Capt. Mason, 
in compliance with the same agreement as above mentioned 

'AVw Hampshire State Paprrs, vol. xxix, pp. 66, 68. 
^Ibia'., vol. xxix, pp. 62, 64. 

* Provincial Papers, vol. i, p. 140. 

*^ Prince Society Publications, vol. xii, p. 216. 
'' .Vs-cC Ilamps/n're St.ile Papers, vol. xxix, p. 60. 

* Ibid., vol. xxix, p. 62. 



209] INTRODUCTION 27 

and for sundry causes and considerations, with all the rights 
and privileges properly appertaining thereto, and also with 
power of judicature in all cases arising within the limits 
of the grant, whether these were of a criminal, capital or 
civil nature, saving, however, tO' the Council and their suc- 
cessors the right to hear and determine any appeals in 
judicial cases. Moreover, it was provided that the lands 
should be held of the Council and their successors " as of 
gladium comitatus; that is tO' say, by finding four able men, 
co'nveniently armed and arrayed for the war, tO' attend upon 
the governor of New England for the public service within 
fourteen days after warning given," yielding and paying to 
the king one-fifth of any gold or silver found within the 
limits of the grant. Furthermore, it stipulated that Henry 
Josselyn and AmbrO'Se Gibbons, or either of them, should 
put the grantee in possession of the premises. In both the 
lease and the deeds, the entire tract conveyed between the 
Naumkeag and the Piscataqua was designated as New- 
Hampshire, a name which hitherto had been given only to 
the part between the Merrimac and the Piscataqua.^ As it 
was the king's intention to appoint a general governor for 
New England, Sir Ferdinando Gorges was picked out for 
the place, while Capt. John Mason received a commission 
as Vice-Admiral of the same.^ Before, however, the neces- 
sary arrangements were made for the inauguration of the 
new govenmient, Mason, who' was one of its most enthu- 
siastic supporters, died. Affairs in England were fast ap- 
proaching a crisis and soon so engrossed the attention of 
the king and his advisers that nothing further was done. 
The result was that the scheme for the establishment of a 
general government in New England was laid aside. Al- 

^ New Hampshire; State Papers, vol. xxix, pp. 63-66. 
* Prince Society Publications, vol. xii, p. 28. 



2S NEW HAMPSHIRE AS A ROYAL PROVINCE [210 

though it appears that Mason intended to procure from the 
king a royal charter, granting him governmental powers 
over the tract deeded to- liim by the Council, his death 
occurred before the necessary legal steps were completed.^ 
In his last will and testament Mason made the follow- 
ing disposition oi his possessions in New England : ~ To 
the town of King's Lynn, his birthplace, he directed that 
2.000 acres of land be given, provided at least five families 
were settled upon the grant within five years after his de- 
cease and the profits derived from the property were de- 
voted to the relief of the poor of the town. Towards the 
support of a free grammar school in New Hampshire he 
left 1,000 acres of land, while for the maintenance of " an 
honest, godly and religious preacher there " he set aside a 
like amount. To his brother-in-law, John Wollaston, he 
devised 3,000 acres, and to Robert Tufton, one of his grand- 
sons, he bequeathed the so-called manor of Mason Hall. 
To his granddaughter, Ann Tufton, he gave a tract on the 
Kennebec known as Masoiiia, while the balance of his pos- 
sessions in the New World he bequeathed to his eldest grand- 
son, John Tufton, but in case of his death without issue 
it was to revert to the latter's brother Robert. Until, how- 
ever, the grandsons attained their majority and the grand- 
daughter either married or became of age, all the rents and 
other profits were to go to the testator's widow for her 
own use and enjoyment; but in the event of her death be- 
fore they were eligible to enter upon the property assigned 
to them, the estate was to be administered for their benefit. 
Furthermore, in the case of the grandsons, it was stipu- 

' Provincial Papers, vol. i, pp. 36. 37 et seq.; vol. xxix, p. 69. 

'-New Hampshire S/a/e Papers, vol. xxix, p. 88; Priiice Society Pub- 
lications, vol. xii, p. 39.?. Will dated Nov. 26. 1635; proved Dec. 22., 
1635- 



21 1] INTRODUCTION 29 

lated that under no circumstances should they take posses- 
sion of their shares until they took the surname of Mason. 
Needless to say, many of the provisions of the will were, 
as will be seen later, never carried out. 

For some time after Mason's death his interests in New 
Hampshire continued tO' be represented by Henry Jos- 
selyn. In 1638 his wife entrusted the management of his 
estate here to Francis Norton,^ but when she found that the 
expense far exceeded the income she temporarily gave up 
the attempt to manage the property and left the servants, 
who were clamoring for their wages, to take care of them- 
selves. Thereupon, the latter divided up the houses, cattle 
and goods among their own number, and apparently took 
as much land as they needed," and then claimed it was 
their own. As for Norton, he withdrew tO' Massachusetts 
and settled in Boston, where he is said tO' have sold 100 
head of cattle which he brought from Mason's estate. 

Apparently the inhabitants on the lower Piscataqua early 
felt the need of some form of civil government, for some 
time after Captain Neale went away, Hubbard informs us 
that they entered intO' a combination " for the better en- 
abling them to live orderly one by the other." For many 
years Francis Williams was at the head of the government, 
being styled governor. He appears tO' have been a prudent 
and sincere man and was well liked by the settlers. Some 
time previous to 1643 a second combination seems tO' have 
been entered into, but the causes which made a change 
necessary are not known. In 1641 all the settlements on 
the river were incorporated with Massachusetts. 

As most of the planters were attached to the Church of 

^ New Hampshire State Papers, vol. xxix, p. 98. 

'Belknap, History of New Hampshire, vol. i, p. 39; Provincial 
Papers, vol. i; New Hampshire State Papers, vol. xxix, passim. 



V ■ 



';'■' m 



30 ^'ElV HAMPSHIRE AS A ROYAL PROVINCE [212 

Engiand, preparations were early made for the establish- 
ment of an Episcopal church. In time a chapel and a par- 
sonage were built and fifty acres of land were set aside as 
a glebe/ An Anglican clerg}^man, Rev. Richard Gibson, 
was then invited to be their first pastor, but after he had 
been in the place a short time the Boston authorities de- 
termined to silence him. Accordingly he was summoned 
before the General Court for " scandalizing the govern- 
ment there and denying their title/' but " upon his sub- 
mission and in consideration of his being a stranger and 
intending to leave the country," he was discharged. Shortly 
afterwards he left for England.^ As no one was appointed 
to succeed him, the chapel, the parsonage and the glebe 
remained for a time unoccupied. Later they were used by 
the Puritan missionary ministers, who were sent to Ports- 
mouth, and finally all passed into the possession of the Rev. 
Joshua Moody, the first regularly settled Puritan minister 
there. 

Soon after Massachusetts extended her authority over 
the settlement some Puritans came thither and, some- 
how or other, possessed themselves of the principal olifices 
of trust and power, and allotted among their own num- 
ber a good part of the town's common lands. Natur- 
ally the original settlers resented the intrusion and consid- 
erable ill-feeling was produced. Finally, in 165 1. steps 
were taken with the view of withdrawing from Massachu- 
setts altogether and setting up an independent government. 
Hearing of this,^ the governor of the Bay directed Capt. 
Wiggin " to search out the truth of these actings and to 
find out the particular persons that were interested in this 
design, and the person whom they nominate to be their 

^Annals of Portsmouth , p. 26. '^Ibid., p. 2"]. 

^ Provincial Papers , vol. i, p. 195. 



213] INTRODUCTION 31 

governor, that accordingly we may put that power which 
God hath given us to prosecute legally against them." 
Furthermore, "if upon search and good testimony," he ob- 
served " any to be resolute in their way and high in their 
expressions," he was commanded to seize one or more of 
them and send them to Boston '' to answer their rebellion 
at the General Court." As might have been expected, the 
attempt to withdraw^ from the jurisdiction of the Bay 
proved abortive. 

In 1 65 1 the inhabitants petitioned to be made a town. 
In reply, the Court granted an extension of their bounds 
toward Hampton. Two years later they again petitioned 
for a grant of a competent portion of land to make a town- 
ship, and expressed a desire that the place be called Ports- 
mouth. " being a name most suitable for this place and as 
good as any in this land." ^ The latter request was 
granted, but with regard to the former, the Court simply 
decreed that their southern line should extend from the sea 
by Hampton line to W^innicoett river." 

Some time before this Capt. Mason's widow had sent 
her agent to New England to protect her interests there. 
As he began to lay claim to some of the lands, the people 
grevi' very restless and uneasy. It may have been for the 
purpose of obliterating certain recorded transactions which 
may have been favorable to Mrs. Mason's claims that the 
book containing the early records of the town was muti- 
lated and practically destroyed early in 1652. Whatever 
may have been the selectmen's motives, it is certain that 
most of the early records have disappeared. In the new 
town book is the following statement of what was done : 
"This night, January 13th, 1652, the selectmen examined 

* Brewster, Rambles about Portsviouih , vol. i, pp. 22, 23. 
^ New Hampshire State Papers, vol. xxiv, pp. 265, 267, 260. 



32 -"^'^iy HAMPSHIRE AS A ROYAL PROVINCE [214 

the old town book, and what was not approved was crossed 
out and what was approA'ed was left to be recorded in this 
book and to be confirmed by the present selectmen." The 
records which were approved and left to be recorded in the 
new book, as there recorded, consisted of but a few scant)- 
fragments, none of which dealt with the period prior to 

'645-' 
In April, 1652, it was ordered that the selectmen should 

have " full power to lay out land according as they think 
best for the commencing- of tlie town." - At the same time. 
it was further ordered that all grants formerly made and 
recorded, although not signed by the townsmen, should be 
of force, and that the present townsmen should have power 
to confirm what could be proved tO' be grants and did not 
belong to anx- one el>e.''' l^^.arly the next year, in pursuance 
of an order th.en made respecting certain lots which each 
inhabitant should have, forty-fi\e grants of land were issued, 
varying in size from ten to fifty acres. A little later an 
order was passed that land should be laid out to the people 
at Sandy Reach, while towards the close of the year a com- 
mittee was appointed to lay out " the plains.'' In April, 
1654. an order was passed that there should be granted "to 
each house-lot eight acres to such as the town shall accept 
of to habitation." "* During all this time, in addition to 
the g-rants made in compliance with these general orders, 
other grants were issued to such people apparently as ap- 
plied for land. 

.\lthough it has been claimed by many that Edward Hil- 
ton and his associates began a plantation at Hilton's Point 
on tlie Piscataqua as early as 1623. and tradition tends to 
bear out such a claim, the first authentic information of 

^ Portsmouth Records, p. 21. "Tbjd.. p. 13. '^Ibid.. p. 16. 

* [bid., pp. 20, 22, 29 et seq. 



215] INTRODUCTION 23 

their presence there is given by Bradford, who says that 
Hilton contributed £i in 1628 toward the settlement of the 
Thomas Morton affair.^ How long, however, they had 
been there at that time or what the condition of the settle- 
ment was cannot be ascertained with any degree of cer- 
tainty. As it was the intention of the leaders in the under- 
taking to transport more people and cattle there, it was prob- 
ably thought desirable to protect their interests by having 
the land in and about the settlement formally conveyed to 
them by the Council for New England. 

Accordingly, in March, 1630, Hilton received from the 
Council a formal grant of the territory.^ In view of the 
construction which was later placed upon the words defin- 
ing the limits of the grant, it will be well to set down the 
exact language of the patent on that point. As there de- 
scribed, the territory comprised " all that part of the river 
Pascataquack, called or known by the name of Wecana- 
cohunt or Hilton's Point, with the south side of the river, 
up to the fall of the river and three miles into the main- 
land by all the breadth aforesaid." As Hilton had built 
b.is settlement upon the tongue of land now known as Dover 
Neck, it has been contended that the patent simply con- 
veyed to him a compact mass of land, extending, as regards 
length, from the point up along the south side of the Pisca- 
taqua river to Ouampegan Falls, and as regards breadth, 
from the river's bank back into the country a uniform dis- 
tance of three miles. As thus construed, the grant would 
not conflict at any point with the so-called Piscataway pat- 
ent,' which, as already mentioned in another connection, 
was issued the following year by the same Council to Gor- 
ges, Mason and their associates. 

^ Neiv Hampshire State Papers, vol. xxv, p. 722. 

'^ Ibid., vol. xxv. p. 6g8. '^ Ibid., vol. xxix, p. 39. 



34 NEW HAMPSHIRE AS A ROYAL PROVINCE [216 

Some time after receiving his patent Hilton sold out 
most of his interest in it. As the owners of the patent and 
the settlers upon the land were, for the most part, adher- 
ents of the Church of England, the officials in control of 
affairs in Massachusetts seem to- have felt that the interests 
and the policy of the Bay government could best be advanced 
by bringing the grant into the possession of those who were 
more in sympathy with their views and motives. Accord- 
ingly, the governor and the magistrates wrote tO' some of 
their friends in England urging them to secure the entire 
patent. The result was that Lord Say, Lord Brooke and 
other influential Puritans purchased it for £2,150.^ 

In the fall of 1633 Captain Wiggin, whO' had been busily 
engaged in England in soliciting funds for the purchase of 
the patent, returned to New England as manager or gov- 
ernor of the struggling settlement, having been appointed 
to that position by the new proprietors, who' sent over, at 
the same time, some new settlers and supplies. Soon after 
his arrival he informed Governor VVinthrop that, as one of 
his men had stabbed another, he desired, should the wounded 
man die, to have the prisoner tried by the Massachusetts 
authorities. To this the governor replied, " that if Pasca- 
taquack lay within our limits (as it was supposed), they 
would try him." ^ Some time after this Captain Wiggin 
again asked to have certain offenders tried at Boston, but 
the gO'vernor and magistrates there, after carefully consid- 
ering the matter, decided that it was best under the cir- 
cumstances not to assume jurisdiction.'* Some time after- 
wards, however, when some servants, who had stolen a 
skiff and other things, fled from Massachusetts and took 
refuge upon tlie Piscataqua, the Bay government did not 

"^ Provincial Papers, vol. i, p. 157. 

''■Ibid., vol. i, p. 105. "JdicL, vol. i, p. 106. 



217] INTRODUCTION 35 

hesitate to dispatch men to seize them and send them back 
for trial to Boston, where " they were severely whipped 
and ordered to pay all charges." ^ In 1636 Governor Win- 
throp informed the Hilton Point settlers that if they dared 
to receive those who' had been banished from the Bay, his 
government would resent it and might even go so far as 
to survey the utmost limits of the Massachusetts patent 
" and make use of them." 

At first, harmony seems to have prevailed within the 
settlement, but after a time the policy which Wiggin pur- 
sued appears to have created considerable opposition. Part 
of this came from the early planters. As they w'ere of the 
Episcopal faith, they probably felt that their interests would 
be jeopardized by the advancement of the Bay's designs. 
Moreover, there is reason to believe that they feared their 
property rights might be called into question if the Boston 
magistrates ever assumed jurisdiction over the lands on the 
strength of the Massachusetts patent. It is likely, also, 
that there was some jealousy between them and the new 
settlers, whose religious views were substantially the same 
as those prevalent in the colony to the south of them. Op- 
position also developed as a result of factional troubles and 
religious dissensions in the settlement. In 1637 ^ Wiggin 
was deposed from the governorship, being succeeded by the 
Rev. George Burdet, who held office for about a year, when 
the people chose as their leader Capt. John Underbill, the 
soldier of fortune, who had played so conspicuous a role 
in the Pequot war and who had but recently been banished 
by the General Court for the part which he had taken in 
the Wheelwright controversy. After some three years had 
passed many began to distrust his motives, and, under the 

^ Provindal Papers, vol. i. p. 107. 
''Ibid., vol. i, p. 119. 



36 NEIV HAMPSHIRE AS A ROYAL PROVINCE [21S 

leadership of Thomas Larkham, a Conformist clergyman, 
they openly rebelled. Thereupon the Rev. Hanserd Knollys. 
who took the side of the governor, published a bull against 
Larkham, who in return assaulted him. In expectation of 
receiving help from the Massachusetts authorities, Capt. 
Underbill and the Rev. Mr. Knollys now took to arms and 
" marched out to meet Mr. Larkham, one carrying a Bible 
on a halberd for an ensign; Mr. Knollys being armed with 
a pistol. When Larkham saw them thus provided he with- 
drew his party and went no further, but sent down to Mr. 
Williams, governor of Strawberry Bank, for assistance, 
who came up with a company of armed men and beset Mr. 
Knollys's house, where Capt. Underbill was, kept a guard 
upon him night and day till they could call a court, and 
then, Mr. Williams sitting as a judge, they found Under- 
bill and his company guilty of a riot and set great fines on 
them and ordered him and some others out of the plan- 
tation." ' 

In order to enjoy " the more comfortably . . . the ben- 
efit of His Majesty's laws " and prevent such mischief and 
inconveniences as had befallen them for want of a civil 
government, the inhabitants, in October, 1640, agreed to 
combine themselves into a body politic, and engaged to sub- 
mit to His Majesty's laws and such orders, consistent with 
those laws, as should be passed by a majority of tlie free- 
men.^ 

Although Belknap informs us that Capt. Wiggin had the 
power of granting lands to settlers, and that they took up 
small lots inasmuch as they intended to build a compact 
town at Dover Neck, very little is known about the early 

^Provincial Papers, vol. i, p. 122. 

'^ Ne7v Hampshire State Papers, vol. xvii, p. 501; vol. xxv, p. 746. 



2io] INTRODUCTION 37 

grants, as the records of the town prior to 1647 have ap- 
parently been destroyed.^ 

While the inhabitants were thus engaged in civil and re- 
ligious strife, emissaries from the Bay appeared upon the 
Piscataqua " to understand the minds of the people, to 
reconcile some differences between them and tO' prepare 
them." " In due time Governor Winthrop was informed 
that the people were " ripe " for his government. " They 
groan for government and gospel," it was said, " all over 
that side of the country." As a matter of fact, the time 
was "ripe" for the extension of the Massachusetts author- 
ity over the entire river. The Laconia Company had long 
since ceased operations, and Captain Mason's widow, find- 
ing that the expenses were far greater than the returns 
from her husband's estate warranted, had practically aban- 
doned his possessions in New^ Hampshire, so that the ser- 
vants, being left tO' shift for themselves, began tO' divide 
up the property among their own number. Moreover, 
affairs in England were fast approaching a crisis, so that 
interference from that quarter — the thing most dreaded — 
was no longer to be feared. Under such favorable aus- 
pices, the assent of some of the leading men on the river 
was secured for the change then contemplated. At this 
juncture Massachusetts secured from the proprietors of the 
Hilton patent an absolute conveyance of jurisdiction over 
the entire grant and a transfer of some of the land, with 
the proviso that the balance should remain in the posses- 
sion of the late patentees and owners " as their proper 
right and as having some interest therein." ^ An agree- 
ment being reached with the inhabitants as to the terms of 

'Belknap, History of New Hampshire, vol. i, p. 32. 

'Winthrop, vol. ii, pp. 34, 38. 

^ Provincial Papers, vol. i, pp. 154, 156. 



o 



8 NEW HAMPSHIRE AS A ROYAL PROVINCE [220 



admission, the General Court, on October 9th, 1641,* 
passed an act formally assuming jurisdiction over them, 
basing its claim of jurisdiction not upon the Hilton patent 
or upon the voluntary submission of the inhabitants, but 
upon the Massachusetts charter. 

Whereas, The Court said, it appeareth that by the extent of 
the line (according to our patent) the river of Piscataqua is 
within the jurisdiction of the Massachusetts, and conference 
being had (at several times) with the said people and some 
deputed by the general Court for the settling and establishing 
of order in the administration of justice there, it is now 
ordered by the general Court .... and with the consent of 
the inhabitants of the said river as followeth: Imprimis, 
that from henceforth the said people inhabiting there are and, 
shall be accepted and reputed under the government of the 
Massachusetts as the rest of the inhabitants within the said 
jurisdiction are. Also that they shall have the same order 
and way of administration of justice and way of keeping 
courts as is established at Ipswich and Salem. Also that 
they shall be exempted from all public charges other than 
those that shall arise for, or from among themselves or 
from any occasion or course that may be taken to procure their 
own particular good or benefit. Also that they shall enjoy all 
such lawful liberties of fishing, planting, and felling timber as 
formerly they have enjoyed in the said river . . . also the 
inhabitants there are allowed to send two deputies from the 
whole river to the court at Boston. 

By granting such privileges Massachusetts won over to 
her side many of the planters, and thus, to a great degree, 
disarmed opposition to her plans. The following year the 
Court went somewhat further by passing an order that 
" the present inhabitants of the Piscataqua, who formerly 
were free there, shall have liberty of freemen in their several 

^ Provincial Papers, p. 158. 



22 1 ] INTRODUCTION 39 

towns to managie all their town, affairs, and shall each town 
send a deputy to the General Court, though they be not at 
present church members." ^ 

According to the document deeding to Massachusetts 
jurisdiction over the entire Hilton grant,' the latter con- 
sisted of twO' divisions or patents, one of which was called 
the Hilton Point patent while the other was " set forth by 
the name of the south part of the river of Piscataqua; be- 
ginning at the seaside, or near thereabouts, and coming 
round the said land by the river intO' the falls of Squam- 
scott, as more fully appears by the said grant." Respecting 
the disposition of the land, it was stated that the patentees 
should have all the land on the south side of the river and 
" one-third of the land, with all improved land," in the 
Hilton Point section, the division of which was to be made 
" by indifferent men equally chosen 011 both sides, whereby 
the plantation may be furthered and all occasion O'f differ- 
ences avoided." Finally, to protect the patentees in their 
rights, the General Court promised *' to be helpful tO' the 
maintenance of the rights of the patentees in both the said 
patents in all the legal courses in any part of their juris- 
diction." 

If the land mentioned in this deed was that granted to 
Edward Hilton in 1630, and that only, it is clear that the 
construction thus placed upon the words of the patent varied 
widely from that which, as already mentioned, made the 
grant one compact stretch of country, contiguous to and 
including the Point. The question naturally arises, "How 
co'uld it happen that the words ol the patent were suscep- 
tible of so varied a construction?" The answer is that dif- 
ferent interpretations were given tO' the words " the river 

^Provincial Papers, vol. i, p. 161. 

"^ Ibid., vol. i. p. 156; New Hampshire State Papers, vol. xxv, p. 705. 



40 ^EW HAMPSHIRE AS A ROYAL PROVINCE [222 

Pascataquack." If the body of water which flows from 
the Sahnon Falls river over Quampegan Falls to the At- 
lantic Ocean was intended under the name " Pascataquack," 
then the Hilton grant was one compact mass of land. If, 
on the other hand, the body of water which flows over 
Squamscott Falls down what is now known as the Exeter 
river and through the Great Bay to the sea was intended 
under the name " Pascataquack," then the Hilton grant con- 
sisted of two distinct divisions, one of which embraced 
most oi the country which in 1631 was granted to the Pis- 
cataway patentees. Although the body of water first men- 
tioned has always been traditionally accepted as the "Pasca- 
taquack " or Piscataqua river, and has always been regarded 
without question as the boundary between Maine and New- 
Hampshire, there is some evidence to show that the second 
body of water was also known in, very early days as the 
*' Pascataquack " river, and that the Squamscott Falls were 
then called the falls of the " Pascataquack." ^ Either inter- 
pretation, therefore, is admissible, though the first is the 
more reasonable and the more probable, all things being- 
considered. Some, however, have contended that there 
were two distinct patents which Hilton received from the 
New England Council, and that these were the ones re- 
ferred to in the document conveying jurisdiction over the 
lands to Massachusetts. While not probable, it is barely 
possible that such was the case, for, although nO' trace of a 
second patent is found in any of the records or transactions 
of the Coimcil, the latter are admittedly incomplete. How- 
ever, it must be borne in mind that the word patent, as then 
used, referred not only to the document defining the grant, 
but also to the territorv therein granted, and that in cases 
where the territory was divided intO' separate and distinct 

^Provincial Papers, vol. i, pp. 131. 147. 



223] INTRODUCTION 4I 

parts, separated by water, it was customary for people to 
call each part by a different name. Thus it may have been 
in this instance. However that may be, it is certain that 
Massachusetts used the deed of conveyance as a means of 
extending- her authority with some show of right over New 
Hampshire. 

In 1642 the General Court granted to- the inhabitants of 
Northam, as the Hilton Point settlement was now called, 
the liberty which other towns had, and appointed commis- 
sioners to settle their limits.^ The following- year the 
Court, which was held at Piscataqua, was requested tO' settle 
the boundary disputes existing between the inhabitants of 
Northam and those of Strawberry Bank." In complying 
with this request the Court failed to consider Strawberry 
Bank as a town and did not map out the boundary in a 
manner most convenient and advantageous to the parties 
concerned. The result was that its report was not ap- 
proved. In lieu thereof, however, the General Court passed 
an order tO' the effect that all the marsh and meadow land 
lying against the Great Bay ^ should belong to the town 
of Dover, " together with 400 acres of upland ground ad- 
joining and lying near to the said meadow, the remainder 
to belong to Strawberry Bank, reserving the due right to 
every one that hath proprieties in the same." The next 
year the Court enlarged the grant in the Bloody Point sec- 
tion, so that the town of Dover possessed all the land there 
from Canney's Creek to Hogstie Cove. In granting out 

^ New Hampshire State Papers, vol. xxiv, p. 839; Provincial Papers, 
vol. i, p. 162. 

"^ Nezv Hampshire Stale Papers, vol. xxiv, pp. 840, 841. Northam 
became known about this time as Dover. Strawberry Bank later 
became Portsmouth. 

^ Provincial Papers, vol. i, p. 172; i. e.. the land lying on the other 
side of the Great Bay, opposite Hilton's Point. The name by which it 
was generally known was Bloody Point. 



42 NEIV HAMPSHIRE AS A ROYAL PROVINCE [224 

tlie land on the shore opposite Hilton's Point the Court 
seems to have disregarded the rights of the late patentees, 
as expressed in the deed of conveyance, for there it was 
expressly stated that all the land in the southern division 
or patent should belong to the patentees, their heirs and 
assigns forever. The contlicting interests and difficulties, 
however, in the way were such that, had A'lassachusetts 
attempted to carry out the provisions of that document 
literally, great opposition would have been encountered not 
only from the settlers at Bloody Point, but also from those 
who resided at Strawberry Bank, for the inhabitants would 
l^.ave been left without title to- their hard-earned possessions 
and would have found themselves in danger of being de- 
prived of their property by the late patentees. Moreover. 
such a course would have made enemies where friends were 
urgently needed. As the views of the inhabitants on the 
lower Piscataqua were, in religious and civil matters, very 
different from those held ])}• the Puritans, and strongly an- 
tagonistic to the latter's designs, it was greatly to the ad- 
vantage of the Massachusetts authorities to cultivate a 
s[)irit of friendship and adopt a policy of conciliation. 
Such, in part, were the motives which guided the Boston 
magistrates in their dealings with the patentees and the 
settlers. 

Although the former, on several occasions, petitioned to 
have the land allotted to them in the deed of conveyance 
divided as there provided, it was not until 1655 that a com- 
mittee was appointed to take any action in the matter.^ 
The orders of the Court, then, were to make a just division 
of the Squamscott patent only, the partition of the land on 
the Hilton Point side of the stream being deferred " until 
another time." The following year the committee presented 

' AVw Hampshire State Papers, vol. xxiv, pp. 854 to 860. 



225] INTRODUCTION 43 

to the legislature for approval its report, which virtually 
amounted to a compromise of the conflicting claims and 
interests. As set forth in the report, the Squamscott patent 
extended in length from Boiling Rock, a point situated a 
few miles from the mouth of the Piscataqua river, to the 
Squamscott Falls on Exeter river, and varied in breadth, 
according to circumstances, from three miles at the falls 
to a mile and a half at the easterly side of Great Bay and 
at Boiling Rock.^ The reason assigned by the committee 
for confining the breadth of the patent, from the bottom of 
Great Bay across country to Boiling Rock, to a strip only 
half as wide as it ought tO' have been, was that they found, 
*' by credible information, the land sO' narrow to the sea- 
ward that we can allow no more according tO' the intent of 
the patent, as we understand it." ^ As a matter of fact, 
however, it was done with the view of excluding the settle- 
ments on the lower Piscataqua and the lands which had 
been granted to Dover at Bloody Point. The latter the 
committee now confirmed to that town. In partitioning 
the rest of the land among the late patentees and their suc- 
cessors, the committee divided it intO' three parts or divi- 
sions, inasmuch as the present owners, they said, were of 
" three sorts or ranks." As the property had been orig- 
inally divided intO' twenty-five shares of £100 each, each 
division represented, according to the committee, eight 
shares and a quarter. The first division, embracing the 
land from Boiling Rock across country to and around the 
shores of Great Bay to a point some forty poles beyond 
Sandy Point, they gave to Nathaniel Gardner, Thomas 
Lake and their associates. The second division, compris- 
ing a tract three miles square, beginning at the southern 

^Provincial Papers, vol. i, p. 221. 

^ New Hampshire State Papers, vol. xxv, p. 708. 



44 -V-EfF HAMPSHIRE AS A ROYAL PROVINCE [226 

boundary of the first division and running- up the river 
three miles, they assigned to Captain Wiggin and his asso- 
ciates; while the third division, including all the land south 
of Wiggin's grant uj) to the Exeter line, they granted to 
some men of Shrewsbury. Later, the first division, which 
was within tlie bounds designated in the Piscataway grant, 
came into the possession of a few men of Portsmouth. In 
1656. the same year that the Squamscott patent was divided, 
Wiggin and one of his associates gave to Dover a quit- 
claim of all the land, except sixteen acres, which they 
claimed within its limits.^ 

At the time when the settlements on the Piscataqua were 
incorporated with Massachusetts there were two other settle- 
ments within the present limits of New Hampshire. One 
of these was at Exeter, the other at Hampton ; the former 
founded by an exile from the Bay, the latter started under 
the auspices of the Massachusetts government itself. In 
the religious controversy which had been going on in the 
latter colony, the Rev. John Wheelwright, the founder of 
Exeter, had been one of the principal actors. Being at 
last summoned to court for having preached on a day set 
aside for fasting a sermon inveighing " against all that 
walked in a covenant of works," he attempted to justify 
his sermon, whereupon he was adjudged " guilty of sedi- 
tion, and also of contempt " of the civil authorities, the 
reason assigned by Winthrop for the Court's action being- 
that he had purposely set himself to kindle and increase 
the differences then prevailing after the Court had specially 
appointed the fast as a means of composing them." This 
action, however, did not silence Wheelwright and his fol- 
lowers, for they persisted in their opinions, and some of 

^Provincial Papers, vol. i. p. 222,. 
-Ibid., vol. i, p. 129. 



227] INTRODUCTION 4^ 

them even presented a petition in his behalf. " Finding, 
upon consultation that two- so opposite parties could not 
continue in the same body without apparent hazard of ruin 
to the whole," the next General Court decided to send 
away some of the leaders. For his previous offenses, and 
for again '' justifying himself and his former practice, be- 
ing tO' the disturbance of the civil peace," Wheelwright was 
both disfranchised and banished. A few of his principal 
adherents were given a similar sentence, while many others, 
who refused to acknowledge their fault, were disarmed. 

■Crossing the Merrimac, Wheelwright and some of his 
followers advanced to the falls of a stream, now known as 
the Exeter river. At this point they established a settle- 
ment, which they called Exeter, obtaining from the Indians 
deeds for a large tract of territory in that section. A 
churcli was soon gathered, and early in 1639 Wheelwright 
and others received a formal dismission from their old 
church in Boston.^ Feeling the need of some sort of civil 
government, the inhabitants, in July, 1639, entered intO' a 
written agreement tO' establish such a form of government 
as would best answer the purposes they had in view. As 
the professions of their allegiance tO' the king were regarded 
as altogether too profuse by some of the people, some dis- 
satisfaction arose, as a result of which a new agreement, 
or combination, as it was called, was draw^i up, in which 
they went no further in their professions of loyalty than 
simply to acknowledge the king as their sovereign and 
themselves as his subjects. Strange as it may seem, the 
change was not conducive toi harmony, for there was a re- 
action in public sentiment, many claiming that the language 
now did not express a sufficient sense of their loyalty. 
Accordingly, in the spring of 1640 they revoked the second 

^Provincial Papers, vol. i. pp. 131. 134. 



46 ^VEfF HAMPSHIRE AS A ROYAL PROVINCE [228 

coiTibination and ratified and confirmed in substance the 
original one. According to the scheme of g-overnment 
adopted, the executive and judicial functions of the govern- 
ment were vested in a board of three magistrates or elders, 
chosen by the whole body of the freemen, who, in addition 
to acting as electors, served also in the capacity of legis- 
lators, passing such laws and regulations as were deemed 
necessary, subject, however, to the approval of the presi- 
dent oi the board of magistrates/ In this way the settle- 
ment continued to be govern.ed until the place was incor- 
porated with Massachusetts, when the government was 
changed to conform With the usages of that colony.^ 

In 1643 some of the inhabitants petitioned the General 
Court of Massachusetts to be received within the jurisdic- 
tion of that government. As it was not an unconditional 
surrender to the Bay, the answer returned was that, as 
Exeter fell within the Massachusetts patent, " the Court 
took it ill they should capitulate with them." " A little 
later, a more humble and acceptable petition was presented 
to the Court, which then voted to receive them, the terms 
of annexation being, in the main, the same as those granted 
to the Piscataqua settlements.^ The right, however, to 
send a deputy to the General Court was not conceded.^ 
Rather than put themselves again under the protection of 
Massachusetts, Wheelwright and some of his followers 
withdrew from the town and took refuge for a time in 
A'laine. Soon after their departure, religious dissensions 
broke out among the remainder ^ which were not finally 

' Bell, IHslory of Exe/er, p. 18. Ubid., p. 4;. 

^ Provincial Papers, vol. i, p. 16S. '•Ibid., vol. i. p. 171. 

■"'Bell, History of Exeter, p. 44. 
, '^Provincial Papers, vol. i. pp. 173, J/S, 177. 



229] INTRODUCTION ^y 

composed until the Rev. Samuel Dudley was called in as 
minister in 1650.^ 

Although the settlers must have received some land prior 
to December, 1639, it does not appear that there was any- 
general distribution of the same among the inhabitants be- 
fore that time. Then, in addition to confirming to Edward 
Hilton, who had withdrawn from Dover some time before, 
the lands which he had taken up close to the settlement, the 
town voted to have the meadow lands between the town 
and Hilton's house and from the Lamprey river to the head 
of what was known as Little Bay divided into four equal 
parts, one of which was to be cut up and distributed among 
those who either had no cattle at all or owned less than 
four goats while the other three parts were to be divided 
among those who owned cattle in proportion to the number 
each possessed. At the same time, provision was also made 
for the partition of some of the uplands for planting pur- 
poses." The year following the incorporation with Alassa- 
chusetts the town empowered the townsmen, or selectmen 
as we would now say, to grant out lots of any size not 
in excess of twenty acres each. As a result numerous ap- 
plications were received from time to time for allotments 
and accordingly a great many grants of varying sizes were 
made by the townsmen.^ Regulations were also made at 
different times with the view of insuring to all the inhabi- 
tants the equal enjoyment of the common domain. Early 
in January, 1645, ^^ order was passed to the effect that 
1000 acres should be apportioned by lot among the inhabi- 
tants according to the amount of taxes they paid."* Fur- 

' Bell, op. ciL. p. .49. 

'Bell, History of Exeter, appendix contains complete record of allot- 
ments. 

'Ibid., pp. 47. 54. * Jbid.. p. 132. 



48 NEIV HAMPSHIRE AS A ROYAL PROl/JNCE [230 

thermore, provision was made for the division among the 
settlers of some of the level lands or " flats " near the river. 
Pursuant to an order passed in March, 1682, any inhabitant 
might clear swamp land for the purpose of turning it into a 
meadow, provided the tract did not exceed ten acres and did 
not encroach upon lands already granted.* In 171 4 the 
town resolved " that two miles of the west side of the town- 
ship should be laid out by men appointed, for a perpetual 
commionage for the use of the town." - Eleven years later, 
however, this resolution was repealed and replaced by an- 
other to the effect that the land in question, together with 
all the rest of the common land in the township not hitherto 
appropriated should be divided, agreeably to the report of a 
committee which had been appointed the previous year not 
only to find out which of the inhabitants had received grants 
and which had not but to ascertain the number of acres 
which was still due to each." According to the committee's 
return, 249 persons were entitled to land, tlie number of 
acres due to each varying from 20 to 300. Finally, in 1730, 
a committee was appointed to lay out the lots, but almost two 
years elapsed before it reported a plan for the division by 
lot of the town's common lands which was approved by the 
town. As some, however, complained that they had not yet 
received the ten-acre lots to which they claimed they were 
entitled under the resolution of March, 1682. and others de- 
sired certain inequalities and corrections in former allot- 
ments rectified, some changes were made and twenty names 
were added to those already on the list. With the adoption 
by the town of the report as thus amended, all the common 
lands in Exeter were disposed of with the exception of a 
few small strips along the river."* 

'Bell, op cit.. p. 137. '- Ihid., p. 140. 

'■''Ibid., p. 141. '■Ibid., p. 146. 



231] INTRODUCTION 4C) 

The one settlement within the present limits of New 
Hampshire which was regarded by Massachusetts from the 
very beginning as within her jurisdiction was Hampton. 
In March 1636, the General Court ordered that there should 
be a settlement at Wennicunnett and that Mr. Dummer and 
Mr. Spencer should have power " to press men to build a 
house forthwith in some convenient place " there.^ The 
immediate result of this order was the erection of the so- 
called bound-house, the site of which is almost half a mile 
north of the present boundary of Massachusetts. In reply 
to a petition presented by Stephen Bachellor, Christopher 
Hussey and others, the Court in September, 1638, granted 
the petitioners " liberty to begin a plantation at Winna- 
cunnet," and, at the same time, appointed a committee to 
assist in laying out the town and apportioning the land 
among the settlers." In 1639 the Court voted that the set- 
tlement should be a town, fully empowered to choose a con- 
stable and other officials, make regulations for its proper 
management and well-being and send one deputy to the 
General Court at Boston.^ In September of that same year 
the name of the place was officially changed to Hampton. 
As in the other towns of Massachusetts, the power of dis- 
posing of the public lands was vested in the freemen.'' 

When those in control at Exeter found people from the 
Bay establishing a settlement near them, they requested them 
to desist on the ground that the land was included within 
the grant which they had purchased from the Indians. 
Furthermore, they wrote the authorities at Boston concern- 
ing the encroachment and informed them of their intention 

^Provincial Papers, vol. i, p. 146. 

"^ Ibid., vol. i, p. 148; New Hampshire State Papers, vol. xxiv, pp. 
135. 136- 
* Provincial Papers, vol. i. p. 148. *Ibid., vol. i. p. 150. 



^O ^ElV HAMPSHIRE AS A ROYAL PROVINCE [232 

to lot out all their lands into farms unless Massachusetts 
could show a better title to the premises. After taking the 
matter under cons'deration, the General Court replied, "that 
they looked at this their deahng as against good neighbor- 
hood, religion and common honesty, that knowing we 
claimed Winniccwett as within our patent, or as vacuum 
domicilium, and had taken possession thereof by building a 
house above two years s'nce, they should now go and pur- 
chase an unknown title and come [to inquire of] our 
right." ^ Instead of quietly submitting, the authorities at 
Exeter sent back word of their intention to maintain their 
rights and interests under the Indian grant. Thereupon, 
Massachusetts, to strengthen her claim, sent men up the 
Merrimac on a voyage of discovery. Upon finding that 
part of it above Penacook was more than half a degree 
north of the forty-third parallel of latitude, the Court of 
elections in 1639 returned answer " that, though we [the 
Court] would not relinquish our interest by priority of pos- 
session for any r'ght they could have from the Indians, yet 
seeing that they had professed not to claim anything which 
should fall within our patent, we should look no further 
than that in respect of their claim." - By such a construc- 
tion of the Bay charter, Exeter's claim to the lands at 
Hampton was rendered worthless, while the inhabitants, 
many of whom had fled from Massachusetts to avoid be'ng 
under the latter's authority, again found themselves within 
her borders. 

As to the boundaries of the several towns, these were re- 
gularly determined by the General Court of Massachu- 
setts.^ Almost always the initiative was taken by the in- 

^ Provincial Papers, vol. i. p. 147. '' /hid., vol. i, p. 148. 

^ NeTV Hampshire State Papers, vol. xxiv, pp. 822 to 917; Provincial 
Papers, vol. i, pp. 149, 181, ig2, passitn. 



233] INTRODUCTION 5 1 

habitants, who would petition the Court in regard to the 
matter, whereupon the latter would appo'nt a committee to 
consider the conllicting claims, if any, and report the loca- 
tion of the boundary as they thought it should be. Usually 
this report was approved by the Court and the line in 
question settled upon that basis; but there were cases where 
the Court disallowed the findings of the committee and 
either appo'nted another committee to consider the ques- 
tion anew or decided it itself. Generally, petitions praying 
for the settlement of boundary lines did not call for the com- 
plete delimitation of the boundary about the entire town, 
but only for the determination of the line where the lands 
claimed by one town seemingly encroached upon those 
claimed by another town or by other interests. The result 
of determining the boundaries of a town in this piece-meal 
fashion was that some parts of the town often remained for 
years without an official boundary-1'ne. Then, too, the 
lines run bv one committee on one side of the town did not 
always meet those run by previous committees on other 
sides of the town. Sometimes, also, there was an overlap- 
ping of lines; at other times the boundary was wrongly or 
imperfectly marked out or carelessly or ambiguously de- 
fined while often bound-trees or other objects determining 
the position of a particular line were not properly marked 
or clearly designated. On the whole, the boundary ques- 
tion was a fruitful source of contention for a great many 
years, and the more populous the settlements became, the 
more pressing became the need of and demand for an exact 
and definite determination of the various town lines. 

Although the extension of the jurisdiction of Massachu- 
setts over New Hampshire must have been received with 
great disfavor by the Masons, no attempt was made by 
Mrs. Mason to reassert her authority over her husband's 
possessions there until 1651. Then Joseph Mason, a rela- 



52 NEW HAMPSHIRE AS A ROYAL PROVINCE [234 

tive of the deceased proprietor, arrived in New England, 
armed with a general power of attorney for all of the lat- 
ter's property in America.^ Upon finding that the lands at 
Strawberry Bank, Newichwannock and other places had 
long since been appropriated by and were now in the pos- 
session of strangers, he took some steps looking towards 
its recovery, but, owing to the opposition he encountered, 
he met with no success. At length, in May, 1653, he pre- 
sented a petition to the Massachusetts legislature, praying 
that the matters about which he then complained might be 
investigated and some relief granted. And, as evidence of 
his belief in the justice of his claims, he offered to submit 
his case to a number of commissioners, half of whom were 
to be appointed by himself and half by the General Court.^ 
But the Court apparently took no action upon it. Realizing 
the hopelessness of the situation under the existing govern- 
ment, Mason, soon afterwards, posted notices upon the 
doors of the meeting houses of Dover, Strawberry Bank 
and other places, protesting against the proceedings of the 
Massachusetts government in exercising jurisdiction over 
the territory. Moreover, he publicly forbade all persons 
to pasture their cattle upon the lands, cut grass or fell tim- 
ber without license from Mrs. Mason."'' Except as a protest, 
however, and, as an assertion of Mason's rights, this 
amounted to nothing. 

Because of its connection with the determination of the 
northern boundary line of Massachusetts, mention must 
here be made of the suit which Mason brought against 
Richard Leader. iHaving found the latter in possession of 
the property which formerly belonged to Capt. Mason at 
Newichwannock, he instituted an action for trespass against 

^ Nezu Hampshire State Papers, vol. xvii, p. 502. 

^ Ibid., vol. xvii, p. 504. ^ Ibid., vol. xvii, pp. 517, 518, 535. 



235] INTRODUCTION g^ 

him. Some dispute arising whether the land was embraced 
within the Hmits of Massachusetts, the matter was referred 
to the General Court at Boston, which, late in the spring 
of 1652, declared the northern boundary of Massachusetts 
to be a due east and west line, drawn through a point three 
miles north of the northernmost part of the Merrimac 
river. And, in order that the exact location of this line 
might be officially determined, it appointed commissioners 
to find out the most northerly point on the river and " use 
their utmost skill and ability to make a true observation of 
the latitude of that place." ^ As determined from the ob- 
servations supplied by the commissioners, the boundary 
line was found to be in latitude 43°, 43', 12". In accord- 
ance, therefore, with this construction of the terms of the 
patent, all the land south of a straight line drawn from 
Casco Bay through a point three miles north of the outlet of 
Lake Winnepesaukee was regarded as Massachusetts terri- 
tory. Consequently the lands at Newichwannock were 
within the jurisdiction of the Bay. 

While Cromwell was in control of affairs in England the 
Masons could expect no help or relief from that quarter, 
for the family had always been noted for its strong attach- 
ment to the royal interests and consequently was in no posi- 
tion to ask for any favors from the party in power, where- 
as Massachusetts was more in sympathy with the govern- 
ment there and was looked upon with favor by both Crom- 
well and the Parliament. 

With the Restoration, however, came a change. Those 
who felt themselves aggrieved at the action of the Massa- 
chusetts authorities now looked to the throne for relief. 
Numerous complaints were made against the Bay govern- 
ment and several petitions were presented to the king, pray- 

^ Provincial Papers, vol. i, pp. 200, 201. 



54 NEJV HAMPSHIRE AS A ROYAL PROVINCE [3-^6 

ing that justice might be clone the petitioners. Among the 
latter was the grandson of the late proprietor of New 
Hampshire, Robert Tufton Mason, who, upon attaining his 
majority, had taken the surname of Mason as directed in 
Capt. Mason's will, and, who, since his brother's death, was 
the sole heir to New Hampshire. In October, 1660,' the 
king referred one of his petitions to the attorney general, 
Sir Geoffrey Palnier, who, after taking the matter under 
advisement, reported " that the petitioner Robert Mason . . . 
hath a good and legal right and title to the lands conveyed 
by the name of New Hampshire." No further action on 
the petit on seems to have been taken, while the mere opinion 
of the king's legal adviser did not put th.e proprietor in 
possession of his property, nor did it seem to influence the 
action of the Massachusetts government with regard to it. 

Although Charles II had been proclaimed king in May, 
1660, and tidings of the event had been received in New 
England the following July, no action was taken by the 
Massachusetts authorities with the view of defining the 
colony's position under the change of government until the 
close of the year, when further delay was no longer deemed 
e'ther expedient or safe. Then two addresses were pre- 
pared and forwarded, one to the king and one to parlia- 
ment," and letters were drafted and sent to gentlemen of 
influence in England, soliciting such help as they might be 
able to render in the colony's behalf. Furthermore, in- 
structions were dispatched to Mr. Leverett, the colony's 
agent in London, directing him to del'ver the addresses at 
the earliest opportunity and instructing him how to act 
under the circumstances.^ 

Touching, in general, the many complaints that had been 

^ jVeTt' Hampshire State Papers, vol. xxix, p. ig6. 

'* Hutchison Papers, vol. ii, pp. 42. 43. '''Ibid., vol. ii, p. 47. 



237 J INTRODUCTION ^5 

made against the colony, the General Court, in their ad- 
dress to the king, said, " our humble request is, that your 
Majesty will permit nothing to make an impression on 
your royal heart against us until we have both opportun- 
ity and leave to answer for ourselves." ^ And, in the in- 
structions to their agent, they said, with reference to any 
complaints that might be made concerning the bounds and 
limits of their patent, " our desire is that we have notice 
thereof and liberty to answer for ourselves before any deter- 
mination or conclusion be made against us." And, they 
continued. " if, in public you [the agent] be called to an- 
swer to these or to any other part'culars " you are to " give 
them to understand that we could not empower any agent 
to act for or answer in our behalf because we could not 
foresee the particulars wherewith we should be charged." ^ 
In a general way, this indicated the policy which the colony 
intended to pursue. 

Although the address was well received at Court and a 
favorable reply from the king was forwarded to the colony 
in February, 1661,' the apprehensions, which existed in the 
minds of the ruling classes as to the real intentions of the 
crown and the probable effects of its policy, were by no 
means allayed. Under the circumstances, the authorities 
resolved to proceed with the greatest caution. Accordingly 
it was not until the following August, more than a year after 
the receipt of the news in Boston, that Charles II was of- 
fically proclaimed king in Massachusetts. 

As complaints from all quarters continued to be made 
in England against the colony and petitions were constantly 
received praying for relief, the king at last issued orders for 
commissioners to be sent over to answer the accusations 

^Hutchison Papers, vol. ii, p. 43. 

* Ibid., vol. ii, pp. 47, 48. ^ Ibid., vol. ii, p. 51. 



56 NEW HAMPSHIRE AS A ROYAL PROVINCE [238 

made against the Bay government. After much deliber- 
ation, Simon Bradstreet and the Rev. John Norton were 
chosen to represent the colony, and, though both were 
much averse to making the journey they were finally pre- 
vailed upon to go. Contrary to expectations, their recep- 
tion in England was more favorable than had been antici- 
pated and they returned after a short time with a letter 
from the king to the General Court. 

Some parts of the letter proved very acceptable to those 
in control of affairs while other parts gave cause for 
alarm, for, although the king, on the one hand, confirmed 
their charter and declared that they should " freely enjoy 
all the privileges and liberties granted to them in and by 
the same," he stipulated, on the other hand, that their laws 
should be subject to review and consonant to those of 
England, that the oath of allegiance should be taken by all, 
that justice should be administered in the king's name, that 
freedom and liberty of conscience should be granted to ad- 
herents of the established church, and that all freeholders 
of competent estate, not vicious in their conversation and 
orthodox in religion, though of different persuasions as to 
church government, should be entitled to vote in all elec- 
tions civil and military.^ Inasmuch as compliance with 
some of these stipulations was regarded by many as preju- 
dicial to and in derogation of their charter rights and 
privileges, as they understood them, it is not surprising that 
the royal commands were but partially and very reluctantly 
obeyed. 

In consequence of the many complaints and petitions 
that continued to be received, it was at last decided by the 
Crown to take some decisive action with a view of compos- 
ing the many differences and learning the true state and con- 

^ Hntrhisoti Papers, vol. ii. p. lot. 



239 j INTRODUCTION ^^ 

dition of affairs in New England. Accordingly, in the 
spring of 1664, a commission passed the seals, designating 
Col. Richard Nicolls, Sir Robert Carr, George Cartwright 
and Samuel Maverick as commissioners, fully empowered 
and authorized " to hear and receive, and to examine and 
determine all complaints and appeals in all causes and mat- 
ters as well military as criminal and civil " throughout New 
England. Furthermore, they were commanded to " pro- 
ceed in all things for the providing for and settling the 
peace and security of the said country, according to their 
good and sound discretion and to such instructions as they 
. . . shall from time to time receive from England." ^ 

By the Massachusetts authorities, the appointment of 
commissioners, with such ample powers, was viewed with 
alarm and regarded as an invasion of their charter privi- 
leges. The policy they decided to pursue was soon indi- 
cated by the action which they took. Soon after conven- 
ing in August, 1664, the General Court resolved to " ad- 
here to their patent, so dearly obtained and so long en- 
joyed by undoubted right in the sight of God and men." " 
The following month, in order to deter and frighten people 
from making any complaints to the commissioners, the 
Court published an order forbidding the filing of such com- 
plaints, and a month later they discussed the matter at 
great length in an address which they forwarded to the 
king. » 

In England the address created an impression very un- 
favorable to Massachusetts, and some of the latter's best 
friends were amazed at the colony's action. Naturally the 

^Provincial Papers, vol. i. p. 245; }lutc\\\nson, Hishny of Massachu- 
sef/s, vol. i, p. 459. appendix xv. 
"Hutchinson, o/>. r/7.. vol. i. p. 212. 
^ Ibid., vol. i, p. 460. appendix xvi, xvii. 



58 NE^y HAMPSHIRE AS A ROYAL PROVINCE [040 

king was also highly displeased and commanded his secre- 
tary to signify h's displeasure to those in control at Boston. 
In Plymouth, Rhode Island and Connecticut, the commis- 
sioners were fairly well received and succeeded in hearing 
and determining such cases as were brought before them, 
but in Massachusetts they were not able to make any head- 
way whatsoever, while their work in New Hampshire and 
Maine amounted to very little for the same reason. Al- 
though the commissioners made no official determination 
of the boundary controversy, they informed the inhabitants 
that the Massachusetts line extended no further north than 
the bound-house.^ 

Finally, in the spring of 1666, the king recalled his com- 
missioners and commanded Massachusetts to send over four 
or five persons so that he m'ght in person " hear all the 
allegations, suggestions or pretenses to right or favor that 
can be made on the behalf of the said colony." - After a 
long, exciting and vigorous debate, however, the Court re- 
solved not to obey the royal commands, on the ground that 
they had already furnished their views in writing so that the 
ablest men among them could not declare their course more 
fully.^ Fortunately for the colony. England was at this 
time engaged in a war with the Dutch and slowly recovering 
from the effects of the great plague of 1665 and the disas- 
trous fire which destroyed a good part of London in the fall 
of 1666. Decisive action with respect to American affairs 
was therefore out of the question, and, owing to other 
foreign and domestic complications following the war with 

' Calendar cf State Papers, America and West Indies, t66i-68, §§ 931, 
1024; Provincial Papers, vol. i. pp. 249. 2SZ- 256. 276, 280, passim; 
Hutchinson, cp. cit., vol. ii, pp. 148, 226, 227 and appendix. 

''Hutchinson, op. cit., vol. ii,p.467, Jipptndix xix; Calendar of State 
Papers, America and West Indies, it6i-8, §§ 1170, 1174. 

^ Barry, History of Jlfassac/a/setts, vol. i, p. 402. 



241 ] INTRODUCTION c^g 

Holland, no important steps were taken with the view of 
settling the differences complained of until 1676. During 
the time that the mother country was thus involved, the 
colonies enjoyed a period of peace, but in 1675 a war with 
the Indians broke out which was waged with considerable 
vigor and was not finally brought to a close until the spring 
of 1678. 

Soon after the appointment of the royal commissioners 
in 1664, Robert Mason empowered Col. Nicolls, one of 
the commissioners, to act as his attorney in d'sposing 
of the lands he claimed within the limits of New 
Hampshire, with directions to take such a quit-rent from 
the occupants of the land as would give them encourage- 
ment. At the suggestion of his colleagues, Col. Nicolls 
made over his power of attorney to Nicholas Shapleigh.^ 
Although the latter leased out some of the lands, it does not 
appear that the leases which he executed were many in 
number. In 1667 Shapleigh informed Mason that he had 
been entrusted by Col. Nicolls with the management of his 
estate and told him that he had made claim in his behalf to 
all the towns in New Hampshire, some of the inhabitants 
of which were willing to comply with his demands while 
others resolved to remain steadfast to the government of 
Massachusetts, being encouraged by Capt. Richard Wal- 
dron, Peter Coffin and others, who had obtained large 
tracts of land for themselves and were therefore afraid they 
would be called to account. He then advised Mason to 
obtain a confirmation of his grant from the king and com- 
mission some persons to carry on the government. Other- 
wise, Massachusetts would continue as heretofore to rule 
the country with the result that no profit would accrue to 

' Calendar of State Papers, America and West Indies, 1661-8. §§ 1021 , 
1485, 1651. 



6o ^^EW HAMPSHIRE AS A ROYAL PROVINCE [242 

the proprietor. He also suggested that the province would 
be strengthened pohtically by being joined to Maine/ 

In the fall of the same year, Joseph Mason, the former 
agent of the estate in America, informed his kinsman, Rob- 
ert Mason, the proprietor, that the magistrates of the Bay 
were prepared to restore to him the right to dispose of the 
lands in question provided he did not meddle with the gov- 
ernment; and if he were willing to empower commissioners 
for that purpose, Major Robert Pike of Salisbury " would 
take pains to be one of three to end this rupture." He 
therefore strongly advised him to embrace so favorable an 
opportunity and thus have all his lands, even those which 
were already disposed of in townships, recalled and disposed 
oi for his benefit. This course, he claimed, would be better 
than that suggested by him (Robert Mason), for the method 
of settlement on the men of best estates at Piscataqua 
would undo the proprietor, inasmuch as they would first 
confirm themselves in their own grants of land, which they 
had given to one another and which are in the best places 
near the water-side where 100 acres are worth 1000 of 
what is left. Furthermore, should he accept the Bay's 
offer, it would not be necessary to join the province to 
Maine as Shapleigh had suggested. - 

Although Mason does not seem to have been favorably 
impressed with this proposal. Major Pike did not let the 
matter drop but wrote several letters in regard to it to 
Joseph Mason. Failing to receive a reply, he resolved in 
1672 to address a letter direct to the proprietor himself. 
He told him of the discourse he had had with his kinsman, 
with respect to composing the differences between the pro- 
prietor and the magistrates of the Bay and informed him 
of his readiness to use his best endeavors to that end. As 

' Calendar of State Papers, Ahuerira ai:d U>sf /tidies. ;66i-8, § 1485.. 
^/5;V/., §1588. 



243] INTRODUCTION 6l 

Massachusetts was still very anxious to see an amicable set- 
tlement speedily effected, he said he would see to it that the 
magistrates would add their authority to the proprietor's 
right, provided New Hampshire was joined to Massachu- 
setts as to government. He then assured him that, if he 
heeded these offers, persons would be sent, fully empowered 
to conclude the affair according to his (Mason's) wishes, 
"which being effected on terms that he (Mason) will find 
advantageous, will, he hopes, induce him to come to those 
parts at least to settle his estate, if not to stay there." ^ 

In April, 1671, it appears that Mason wrote a letter to 
his agent, Shapleigh, to the effect that he would not trouble 
anyone for what was past but would only demand a rea- 
sonable quit-rent from each inhabitant in the future for the 
land each then possessed. From what Francis Champer- 
nowne and Henry Jocel}^! told the proprietor in 1672, this 
communication was well received by the principal inhabi- 
tants of the colony and rooted out former misapprehensions, 
so that the inhabitants earnestly awaited his arrival or ex- 
pected him to send over commissioners to settle the matter. 
At the same time, they told him not to join his province 
to Massachusettts, as the magistrates there desire, for " he 
can gain no advantage but only detriment thereby in case 
any contest arises between the king and the magistrates, 
whose government grows more and more in disesteem." ^ 

The year before this Mason offered to sell his patent of 
New Hampshire to the king, provided the latter would 
grant him the importation, duty free, of 300 tuns of French 
wine.^ The offer, however, was not accepted. Some time 
later, he and Gorges proposed to alienate to the crown their 
respective rights to the provinces of New Hampshire and 

' Calendar of State Papers, America and West Indies, 1669-74, § 860. 
^ Ibid., I 907. ^ Ibid., ^651. 



^2 ^'ElV HAMPSHIRE AS A ROYAL PROVINCE [j^^ 

Maine, in order that a government might be made for the 
Duke of Monmouth;^ but the scheme, although favorably 
considered for a time, was soon laid aside. 

In 1675 Mason again petitioned the king to take his case 
under advisement, whereupon the matter was referred to 
the attorney general and the sohcitor general, who in due 
time reported that the petitioner's grandfather had, by vir- 
tue of grants made in 1622, 1629 and 1635, been instated in 
fee in sundry tracts of land known as New Hampshire and 
that the pet'tioner, being heir-at-law, had a good and legal 
title to the lands in question.^ 

In order that Massachusetts might have an opportunity 
to answer in full the complaints which both Mason and 
Gorges had preferred against her for usurping jurisdiction 
over the lands they claimed, the colony was commanded by 
the king in 1676 to send over agents, fully instructed and 
empowered to answer. Otherwise judgment would be 
given against it in its absence. Pursuant to the advice of 
the elders, who were called in consultation, the General 
Court decided to obey the royal summons and accordingly 
chose William Stoughton and Peter Bulkley to represent 
the colony in England. 

In February, 1677, the whole Mason and Gorges con- 
troversy was referred for determ'nation to the Committee of 
Trade with d'rections to call upon the chief justices of the 
kingdom for assistance.^ The latter, being called in, the 
parties concerned in the controversy were summoned be- 
fore them, and defended their respective claims. After the 
lapse of several months, the justices embodied their opin- 
ions of the case in a report, which was unfavorable to the 

^Hutchinson Papers, pp. 451, 472. 

'^ New Hampshire State Papers, vol. xxix, p. 108. 

'^ Calendar of State Papers, 1674-80, §47. 



245] INTRODUCTION ^-^ 

content :ons of the Bay government/ As the Massachu- 
setts agents had, at the hearing, disclaimed title to the lands 
which Mason claimed and the parties in actual possession 
of the lands were not before them, the judges decided that 
it would be improper to pass upon the question of title to 
the soil without hearing the tertenants or their representa- 
tives. The proper course to pursue, they thought, was to 
have the property rights of the various claimants decided 
by the courts of justice upon the place, " until it shall ap- 
pear that there is just cause of complaining against the 
course of justice there for injustce or grievance." As to 
Mason's claims of a grant of governmental rights from the 
Council of Plymouth, both they and Mason's own counsel 
agreed " that no such power or jurisdiction could be trans- 
ferred or assigned by any color of law." Concerning the 
rights of government in Maine, which Massachusetts 
claimed on the ground that the lands there were compre- 
hended with'n her limits as she had construed them, the jus- 
tices decided that her claim was not tenable, because the rights 
of government conveyed by her charter extend no further 
than the boundary expressed in her patent, which boundary, 
they said, was to be construed as running parallel to the 
Merrimac at a uniform distance of three miles north of the 
river's bank, the words in the charter, describing "the length 
to comprehend all the lands from the Atlantic Ocean to the 
South sea of and in all the breadth aforesaid," not warrant- 
ing, in their opinion, the overreaching those bounds by 
imaginary lines or bounds, for the reason that such an inter- 
pretation would be both unreasonable and against the inter- 
ests of the grant. '* The words ' of and in all the breadth 

^ A'CW Hampshire State Papers, vol. xxix, p. 109; Provincial Papers, 
vol. i, p. 3.35; Calendar of State Papers, America and West Indies, 
1674-80, §§ 170, 316, 342; Belknap, History of New Hampshire, vol. i,- 
appendix xv. 



64 ^^Ei-y HAMPSHIRE AS A ROYAL PROVINCE [246 

aforesaid,' " they continued, " show that the breadth was 
not intended [to be] an imaginary Hne of breadth, laid 
upon the broadest part but the breadth respecting the con- 
tinuance of the boundaries by the river as far as the river 
goes, but when the known boundaries of breadth deter- 
mines, it must be carried on by imaginary lines to the 
South sea." As Gorges, on the other hand, had received 
from the king a royal charter for the government of Maine 
the justices declared that his right to the government of 
that province was valid. 

Upon its adoption by the Board of Trade, the justices' 
report was presented to the king, who signified his approval 
of the same July 20, 1677. 

Although defeated in her contentions, the colony still 
hoped to keep the country north of the Merrimac under 
her control. Early in the fall her agents preferred a peti- 
tion to the Lords of Trade to have New Hampshire and 
Maine continued and settled under her government, " which 
they have so long experienced and are satisfied with." ^ As 
no action was taken upon it, they renewed their request the 
following December and presented petitions from the in- 
habitants favoring such a step." About the same time the 
Lord Chancellor also received a letter from the governor, 
imploring him, in case the king should confirm Gorges' right 
to Maine, to mediate with his Majesty and council with the 
view of having the Massachusetts line and patent extended 
at least to the Piscataqua river. ^ All these efforts, however, 
proved fruitless as the English government was averse to 
increasing in any way the power of that colony. 

^ New Hampshire State Papers, vol. xvii, p. 523. 

"^Calendar of State Papers, America and West Indies, 1674-80, §§ 545, 
5S7; New Hainpshire Stale Papers, vol. xvii, pp. 524-527. 

"'Provincial Papers, vol. i, p. 349. 



247] INTRODUCTION gc 

In January, 1678, Mason and Gorges offered to sur- 
render to the king all their right and title to government, 
whenever he was pleased to appoint a general governor for 
New England. Should he decide, however, not to estab- 
lish a general government there, they desired him to annex 
the province of Maine to New Hampshire for governmental 
purposes and appoint one governor for both/ 

Not long after this John Usher, a Boston merchant, then 
in London, succeeded in purchasing" from Gorges for the 
sum of £1200 the entire province of Maine, which he, in 
turn, assigned to the governor and company of Massachu- 
setts.^ In March Mason informed the Lords of Trade of the 
transaction and told them that overtures had also been made 
to him regarding New Hampshire, but that he had de- 
clined " in confidence that his Majesty will do himself and 
me right by establishing his own authority in New Eng- 
land." " Instead of conciliating matters, the news of the 
purchase greatly offended the king, as he had also been 
negotiating with Gorges for the same province. 

In 1679 the king informed the Massachusetts authorities 
that he intended to establish a new government for New 
Hampshire and commanded them to recall and revoke all 
commissions which had been granted by them for the gov- 
ernment of that territory.* The way being thus cleared, a 
royal commission was issued in September, providing for 
the installation of a new government there. Thus was New 
Hampshire brought under the immediate control of the 
king and erected into a royal province. 

^ N^e'iV Havipshire State Papers, vol. xvii, p. 529. 

'^ Ibid., vol. xvii. p. 538. 

•''Ibid., vol. xvii, p. 53S: Calendar of State Papers, 1674-80. ? 629. 

^ New Hampshire State Papers, vol. xxi.x. p. \i2. 



CHAPTER II 
The Executive 

Although the gentlemen named in the royal commis- 
sion of September, 1679, were averse to a change of gov- 
ernment and at first loath to accept the places to which the 
king had appointed them/ they were at length prevailed 
upon to assume the duties of office through fear that their 
refusal might be construed unfavorably in England and re- 
sult in the appointment of others who would not be in full 
sympathy with the people. On January 21, 1680, there- 
fore, they formally met and organized the new government. 
John Cutt was sworn in as president while Richard Martin, 
William Vaughan, Thomas Daniel, John Oilman, Christo- 
pher Hussey and Richard Waldron qualified as councillors. 

By the terms of h:s commission, the president was author- 
ized to select from among the councillors his deputy who 
was to preside in his absence and succeed to his office upon 
his death. Furthermore, in conjunction with the council 
he was to increase the number of councillors by appointing 
three others from aniong the principal inhabitants of the 
province. Accordingly, the following day Richard Wal- 
dron was chosen deputy and Elias Stileman, Samuel Dal- 

^ New Haynpshire State Papers, vol. xix, p. 655; Provincial Papers, 
vol. i, p. 375. Jan.. 1679-80. The commission was duly received in 
Portsmouth Jan. i, c68o. By its terms the president and council were 
required, within 20 days after its arrival, to assume the government. 
This they did on January 21st. The next day the commission was pub- 
licly read and proclaimed in the town. 

66 [248 



249] ^^^^ EXECUTIVE ^y 

ton and Job Clements were named councillors. For the 
transaction of business the commission required the presi- 
dent or his deputy and at least five of the councillors to be 
present and that public affairs might not suffer through 
want of a due number of councillors, living in the province, 
it was provided that any vacancy occurring in the council 
through death should be filled provisionally by the remain- 
ing councillors who were to transmit immediately to the 
home government the name of the new appointee together 
with the names of two others, that the king might signify 
his approval of one of them. As the commission provided 
for a collegiate executive, the executive powers of govern- 
ment were vested in the president and council jointly. To- 
gether they constituted a " constant and settled court of 
record " with jurisdiction over all cases both civil and crim- 
inal. The right, to appeal, under certain conditions, to the 
king in council was however reserved. iMoreover, they 
were entrusted with the management of military affairs and 
empowered to issue commissions to such persons as they 
thought were best qualified to train the militia according to 
such rules and regulations as the council from time to time 
prescribed. Furthermore, to meet the charges of the gov- 
ernment, they were authorized to continue such taxes and 
impositions as were then levied upon the inhabitants until 
the general assembly met and provided other means of sup- 
port. The summoning of such an assembly, however, could 
not be deferred indefinitely, for the commission required 
that it should be convened within three months after the 
new government went into operation. Before becoming ef- 
fective, all bills, acts or ordinances passed by that body had 
to be approved by the president and council, but, once they 
were approved, they remained in force, unless temporary 
in character, until disallowed by the king. By the terms 
of the commission all officials were to take the oath of alle- 



68 JV£f^ HAMPSHIRE AS A ROYAL PROVINCE [050 

giance, while in the administration of justice, the king's seal 
had to be used. In both this commission and the one that 
followed it, Mason's claim received recognition and special 
consideration. It was stipulated that if any persons refused 
to agree to the terms mentioned, the president and council 
should attempt to reconcile the differences between them and 
the proprietor. If, however, they found it was impossible to 
effect a settlement, they were to send such cases to England 
" fairly and impartially stated," together with their own 
opinion of the merits of each, that the matter might there 
be determined according to equity.'- 

Clothed with such powers, the president and council en- 
tered upon their duties. As they were all in full sympathy 
with the people and shared their confidence to a very high 
degree, the transition from the old to the new system of 
government was accompanied by no disorder." In their 
management of affairs also little friction was occasioned. 
They were favorably inclined to Massachusetts, firmly at- 
tached to the Puritan interest and strongly opposed to the 
recognition of Mason's claim. Many of them had held 
positions of trust under the Massachusetts government and 
all had taken a more or less prominent part in town affairs 
and were held in very high esteem. Within the time set 
they issued writs for the election of a general assembly, and 
upon the day therein designated the delegates chosen met 
in Portsmouth for the transaction of business.^ As a re- 
sult of their deliberations, a general body of laws was 
passed which is usually referred to as the Cutt code. 
Several addresses were also drawn up and approved. In 

^Provincial Laws of New Hampshire, vol. i, pp. 3-/; /Provincial 
Papers, vol. i. pp. 373--',82. 

'^Collections New Hampshire Historical Society, vol. viii, p. 305 et 
seq., gives biographical sketches of the president and the councillors. 

^AVzf Hampshire State Papers, vol. xix. p. 658. 



251] THE EXECUTIVE (5^ 

these the attitude of the pubhc toward the changes wrought 
in the government was plainly indicated. The general satis- 
faction of the people with the old form of government and 
their desire for a continuance of the same were clearly set 
forth. Massachusetts was warmly thanked for the protec- 
tion which she had afforded the New Hampshire settle-- 
ments in the past and informed that the present separation 
had been due to circumstances over which they had no 
control. Though they thanked the king for giving them 
rulers from among the inhabitants of the province instead 
of imposing strangers upon them, they expressed them- 
selves as deeply sensible of the disadvantages likely to re- 
sult from a multiplication of weak governments unfit either 
for offense or defence. They represented the inhabitants as 
being quiet under the shadow of the royal protection, "fear- 
ing no disturbance unless by some pretended claimants " to 
the soil, whom they trusted his Majesty's clemency and 
equity would guard them against. They also intimated 
what their position was on the question of allowing appeals 
to be made to the king in council by suggesting " whether 
the allowance of appeals might not be used by malignant 
spirits for the obstructing of justice among them." 

Considered from the standpoint of the colonists, the ad- 
ministration of the government by the president and coun- 
cil was highly satisfactory. Indeed, the relations existing 
between the various branches of the government and the 
people were very harmonious. No radical changes were 
effected ; no new policy was adopted. Everything moved 
along very smoothly, and when the president died in March, 
1 68 1, his deputy, Richard Waldron, quietly succeeded to the 
office, the duties of which he performed to the general satis- 
faction of the inhabitants until superseded in the fall of 
1682 by Edward Cranfield. In England, however, the mat- 
ter was viewed in a very different light. There, Mason, 



yo NEW HAMPSHIRE AS A ROYAL PROVINCE [252 

convinced from his own experience in the province that his 
territorial claims could never be successfully pressed so 
long as the government remained as it was then constituted, 
was bending every effort to bring about a change. More- 
over, the higher officials in London were highly displeased 
with the way in which some of the provisions of the com- 
mission were being ignored and the intentions of the home 
government frustrated. And the Board of Trade, to which 
matters pertaining to the colonies were referred, was parti- 
cularly severe in its condemnation. Not only did it express 
itself as dissatisfied with both the style and the matter of the 
laws that the assembly had enacted but it recommended that 
they be rejected in their entirety. Furthermore, it declared 
that the proceedings of the government were so irregular 
that it would be necessary to send some person over to gov- 
ern the country in accordance with such commission and in- 
structions as were usually given to royal governors.^ 

As a result of these representations, a change of gov- 
ernment was decided upon. Accordingly, early in 1682, 
Edward Cranfield was appo'nted executive head of the pro- 
vince and the following May a new commission was issued 
for the government of the country." In form, this was 
similar to that usually granted to royal governors. With 
the exception of the years from 1686 to 1689 when the ex- 
periment of consolidating the northern governments under 
one general governor was tried and the period from 1689 
to 1692 when the New Hampshire towns were without any 
active external authority imposed upon them from Eng- 
land, the form of government under which the people of the 
province lived up to the time of the Revolution was the 

^Provincial Laws of New Hampshire, vol. i, p. 45. 
'^Provincial Papers, vol. i, p. 433; Calendar of State Papers, 1681-5, 
pp. 192. 213. Also §§ 374, 361. 



253] "^^^ EXECUTIVE 71 

same as that now introduced. This being the case it will 
be well to consider here the system thus established. 

At the head of the system stood the king, but as it was 
impossible for him to exercise in person immediate control 
over the inhabitants on account of the remoteness of the pro- 
vince from the mother country, he appointed some one to 
act as his representative there. The latter, who usually 
bore the title of governor, was the intermediary between the 
king and the home government on the one side and the peo- 
ple of the province on the other; the agent through whom 
communications between both parties regularly passed. As 
the representative of the king, he was the special guardian 
of the royal interests. It was his particular business to see 
that the rights and prerogatives of the Crown were not in- 
fringed. Moreover, he was the one to recommend any 
legislation desired by the home government and the one also 
to prevent the passage of laws regarded as harmful to 
either royal or imperial interests. It was his duty, too, to 
assist the mother country in her military operations in 
America and to solicit the aid of the assembly in support 
thereof. iHe was also the person upon whom the officials 
in England relied for trustworthy information concerning 
the many matters of interest pertaining to the province. 

The governor, however, was not merely the guardian of 
the royal interests and the agent of the king. iHe was, in 
addition to all that, the head of the province, the centre of 
the local administration, the chief executive of the colony, 
clothed with all the rights and powers properly belonging 
to such an officer. 

In considering his office, it must be carefully borne in 
mind that its character was distinctly vice-regal. As the 
representative of the king, he was vested (naturally, of 
course with certain well-defined limitations) with such pow- 
ers as the king might have exercised had he assumed the 



J2. ^ElV HAMPSHIRE AS A ROYAL PROVINCE [2:54 

government himself. Before taking action in many things, 
however, he was obh"ged to ask the advice, and, in some 
instances, receive the consent of tlie council, the members 
of which were appointed by the king.^ He was commander- 
in-ch'ef of the provincial militia and held a commission as 
vice-admiral of the naval forces. He could command and 
levy troops and transport the men as occasion required from 
place to place both by land and sea, in order to resist in- 
vasion, withstand pirates or suppress rebellion. When neces- 
sary he could even send troops into other colonies. He, 
too, had full power to deal with all prisoners of war and, in 
time of invasion, rebellion, or war, he could declare martial 
law and continue it in operation during the continuance of 
the disorders. With the advice of the council, he could 
erect such " forts, platforms, castles, cities, boroughs, towns 
and fortifications " as were recommended by that body and 
was empowered also to put them in a proper posture of 
defence. In fine, by the terms of his commiss'on his powers 
in military matters were to be as full and ample as those 
possessed by any captain general. 

The governor was the head also of the judicial system. 
In conjunction with the council, he formed the highest 
court of appeal in the province. With the latter's advice 
and consent, he could erect such courts of justice as were 
deemed necessary for the cons'deration and dispatch of all 
criminal and civil cases. Furthermore, he could appoint 
judges, justices of the peace, sheriffs and all other officers 
whose services were necessary for the better administra- 
tion of justice. 

As chief magistrate and executive head of the colony, it 

' For some of the printed commissions issued to governors see Provin- 
cial Papers, vol. i, p. 438; vol. ii, p. 305; vol. vi, p. 908; vol. vii, p. 
124; vol. xviii, p. 7; Provincial Laws, vol. i, pp. 51, 502, 613. The 
governor's entrance upon the government was usually attended with 
considerable ceremony. 



255] -^^^ EXECUTIVE 73 

was his business to maintain order and enforce the laws. 
He was required to take certain oaths before assuming office 
and empowered to administer oaths to the council and other 
office-holders. In him, too, was lodged the power of re- 
mitting fines and forfeitures, and of pardoning all offenders 
except those convicted of treason and wilful murder, in 
which cases he could grant a reprieve until the royal pleas- 
ure was known. He could also establish fairs and markets 
and appoint such ports, harbors and bays for the accomo- 
dation of shipping as were necessary, and at such ports he 
could erect custom houses and ware-houses and appoint such 
officers as were required in connection therewith. To him 
also was granted the power of issuing and enforcing ordi- 
nances and in h-'s custody was the province seal. He could 
therefore give charters of incorporation to cities and towns, 
grant away the unimproved land of the province and issue 
licenses, writs and proclamations. 

Then again in the work of legislation the governor also 
took a very active part. Without his consent no assembly 
could ever be called legally into being, and even after it did 
convene, he had considerable influence over it. He alone 
determined the length of its sessions and he alone could 
prorogue it and name the place and fix the time to which it 
stood prorogued. Moreover, before any bill could become 
a law it had to receive h-s signature and, if he disapproved 
it, there was no way of passing it over his veto. Further- 
more, before affixing his signature to any measure he was 
required to see that it was as conformable to the laws of 
England as the nature and circumstances of the country 
permitted. Then, too, he was commanded to transmit to 
England, within three months after their passage, for the 
royal approbation or disapproval, all laws properly authen- 
ticated by the public seal and was directed to send duplicates 
of the same by the next conveyance. 



74 ^E^V HAMPSHIRE AS A ROYAL PROVINCE [256 

Such, in brief, were the powers granted in the royal com- 
mission to the executive head of the province. As this in- 
strument contained in reahty the grant of power, it was 
essentially a public document and was regularly published 
when the go^'ernor assumed office. In the royal province 
it served substantially the same purpose as the charter did 
in the other colonies. As a new commission was issued 
every time a governor was appointed, one might expect to 
find the different commissions varying considerably, one 
from the other. This, however, is not the case. In fact, 
from 1692 on, they present great uniformity, only few 
changes of any importance being made. Apart from that, 
there was a slight tendency to define more accurately some 
of the powers therein conferred. 

With his commission, the governor also received a set of 
instructions. Together the two may, in certain respects, 
be regarded as the constitution of the province and the or- 
ganic law of the land so long as they remained in force. 
Unlike the commiss'on, however, the instructions were not 
intended for publication. Most of them were private and 
confidential in character l)ut such of them wherein the advice 
and consent of the council were mentioned to be required, 
the governor was directed to communicate to that body and 
likewise any others wh'ch he found it convenient for the 
public service to impart to it.^ In some cases he was 
directed to lay before the house of representatives certain 
instructions, while occasionally, when the house was bent 
on infringing upon the prerogative, governors found it ex- 
pedient to show the representatives such of the instructions 
as bore upon the point at issue. While the commission 
contained the grant of power, the instructions showed how 
that power was to be used and were intended to guide the 

^ Provincial Papers, vol. vi, p. 123; vol. xviii, p. 532. 



257] -^^^ EXECUTIVE 75 

executive in the use of it. Often, too, they limited the scope 
of his powers or defined them more minutely or more clearly. 
In addition to the regular instructions, which every gov- 
ernor received at the time of his appointment, additional in- 
structions were from time to time issued as the exigencies of 
the occasion required and such of them as were not of a 
temporary character were generally incorporated in the 
regular set issued to the succeeding governor. 

Such extensive and ample powers as the governor was in- 
vested with by the terms of his commission, he was in 
practice never able to exercise to their full extent, and, as 
time passed, some of those, which he did at first exercise 
without question or interference, suffered serious curtail- 
ment at the hands of the assembly. This was due to many 
causes which need not be mentioned here as they will be dis- 
cussed at some length later on. At this point, however, it 
must be said that the curtailment of the governor's powers 
greatly weakened his position in the system and rendered 
him more and more dependent upon the assembly, which 
came to exercise many powers which were originally con- 
sidered as vested in the governor only. And for this state 
of affairs nothing was more responsible than the various 
intercolonial and Indian wars, coupled with the fact that the 
assembly controlled the purse, for, once the executive tem- 
porarily waived or surrendered his rights and powers in 
consequence of the exigencies and pressure of war, he usu- 
ally never fully regained them. 

Inasmuch as governors held office merely during the 
king's pleasure and not for any definite period or stated 
term, it might be inferred that there were frequent changes 
in office. As a matter of fact, however, just the opposite 
is true. Thus, during the period of eighty-four years be- 
ginning with 1692 and ending with 1776, only eight per- 
sons took the oath of office as governor. The average term 



76 A'-EfF HAMPSHIRE AS A ROYAL PROVINCE [258 

of each, therefore, was ten and a half years. If, however, 
we exckide from the hst those who were not removed by 
the king, namely the two who died in office and the one who 
was governor in 1776 when the royal type of government 
was overthrown,^ the average is much higher, being ap- 
proximately fourteen years. The commissions granted to 
Allen and Shute remained in force 7 and 13 years respec- 
tively, while Belcher, Dudley and Benning Wentworth were 
governors of the province for 11, 13, and 25 years re- 
spectively. 

After a governor had once been sworn in, experience 
proved that it was a far more difficult matter to have him 
removed from office than one might naturally expect. In 
considering this question, the remoteness of the mother 
country from the province must not be forgotten. Under 
the most favorable circumstances, about four months elapsed 
before a reply could be received, from the authorities in 
England, to any charges or complaints which had been 
filed against an official. Then several months at least 
passed before the answer, which that official made in his de- 
fense, came into the hands of the home government. Often, 
the bringing of counter-charges, the lack of properly au- 
thenticated documents or affidavits, and the necessity of pro- 
curing additional evidence or information caused a further 
delay of several months. To this must be added the fact 
that the governmental machinery in England for dealing 
with such matters moved very slowly and sometimes with 
great irregularity. Administrative unity was also lacking 
and procrastination was the order of the day. Then, too, 
powerful influence could be exerted in behalf of or against 
an official which might affect the final decision in his case. 
At times, also, the consideration of important c^uestions of 

' Bellomont and Burnet; John Wentworth. 



259] THE EXECUTIVE y- 

state and the pressure of war forced the government to 
defer action until a more favorable season arrived. 

The most serious charges brought against an executive 
were brought against Cranfield. The latter's reckless and 
tyrannical conduct having become unbearable, the people, 
by private subscription, raised sufficient funds to send 
Nathaniel Weare as their agent to England to obtain a 
redress of grievances. In the articles of complaint which 
were presented to the king against the governor, the latter 
was accused, among other things, of acting in a partial 
manner and contrary to his instructions in reference to 
Mason's controversy with the inhabitants, of raising greatly 
the charges of the various actions in court, of establishing 
courts of justice and imposing extraordinary fees without 
the consent of the assembly, of altering the value of the 
currency contrary to the act of the legislature, of unjustly 
imprisoning the inhabitants, of exercising with the council 
the entire legislative power, and of preventing the people 
from laying their complaints before the king. The matter, 
being referred to the Board of Trade, that body forwarded 
it to the governor with orders for him not only to answer 
it immediately but to allow all persons free access to the 
records and give them such other assistance as might be 
necessary in collecting the evidence against him. Upon 
receiving these orders, Cranfield ordered all actions con- 
cerning Mr. Mason's affairs suspended until the king 
should render a decision respecting the legality of the courts. 
He also issued orders greatly facilitating the taking of 
testimony and directed the secretary to give to those who ap- 
plied copies of any documents they asked for. 

When both parties were ready with their answers a hear- 
ing was had before the Board of Trade, which in turn re- 
ported to the king that Cranfield had not pursued his in- 
structions in reference to Mason's claims but instead had 



78 i^'ElV HAMPSHIRE AS A ROYAL PROVINCE [260 

caused courts to be held and titles to be decided in the 
province and had allowed exorbitant fees to be charged in 
connection therewith. Moreover, concerning the value of 
silver money, the board said that, although the power of 
fixing the value of money was vested in the king, still the 
latter's representative ought not to have made any alter- 
ations therein without his Majesty's permission. As for 
the other things mentioned in the complaint, nothing was 
said. On the 29th of April, 1685, the king, by an order 
in councd, approved the report and directed that Cranfield 
be notified concerning it, but the latter, who had already 
asked for and received permission to withdraw to the West 
Indies ostensibly on a leave of absence, did not wait for 
any decision but quietly left the province and returned to 
England by way of Jamaica. As he did not return to New 
Hampshire but received the collectorship of Barbadoes, no 
further action was taken.^ 

During the administration of Lieutenant-Governor Usher, 
the latter's relations with both the assembly and the coun- 
cil were very inharmonious. While he was complaining to 
the home government that his orders were being disobeyed, 
that his commission was being treated with disrespect, that 
the real reason which actuated the assembly in petitioning 
for annexation to Massachusetts was " sullenness and aver- 
sion to royal government rather than their want of ability " 
to provide for the support of a separate establishment, and 
that a general governor ought to be sent over both to up- 
hold the rights of the king and to protect the inhabitants 
who were loyal to crown government, the opposition was 
striving through its friends in England to secure his re- 
moval and obtain the appointment of one more favorable 
to their views. At last, in 1696, their efforts were crowned 

^ Proviyicial Papers, vol. i. pp. 515, 570, passim; Calendar of State 
Papers, 1681-5, §§1129, 1700. 1832, 2040, p. 585. 



26l] ^^HE EXECUTIVE yg 

with success and William Partridge, a loyal friend of the 
people, was appointed to succeed him. He remained on 
very pleasant terms with both the council and the assembly. 
Moreover, Lord Bellomont, when he assumed the govern- 
ment, also seems to have thought well of him; but his opin- 
ion quickly changed when he found that the lieutenant-gov- 
ernor was engaged in shipping lumber to Portugal, a busi- 
ness which he believed was detrimental to the interests of 
the mother country. To account for this, attention must 
be called to the fact that Bellomont was a firm believer in 
the mercantile theory of trade and industrial organization 
and consequently was an ardent supporter of England's 
commercial policies. He looked upon the forests of the 
American colonies as a nursery from which England should 
be supplied with all the p'tch, tar, and lumber she needed 
for the use of the royal navy and the merchant marine. 
When, therefore. Partridge persisted in his business after 
the Board of Trade had expressed itself against his being 
engaged in it and after it had even directed the governor 
to dscourage it as much as he could, his lordship was much 
incensed and took steps to secure his removal. In one of 
the letters which he wrote home he said, " I am humbly of 
the opinion that Mr. Partridge ought to be removed from 
that station which is too honorable for him and he in no way 
qualified for it." " I remember," he continued, " that I 
rebuked Sir Henry Ashurst for procuring Mr. Partridge 
to be lieutenant governor of New Hampshire, who is a 
carpenter by trade and a sad weak man, and I told him his 
genius had a strong bias for carpenter governors, for he it 
was with Mr. Mather that got Sir Wm. Phipps made 
governor of New England." ^ The efforts Bellomont made, 
however, to secure the lieutenant governor's removal were 
unsuccessful. 

' Provincial Papers, vol. ii, p. 354 et seq. 



8o ^ElV HAMPSHIRE AS A ROYAL PROVINCE [262 

During Belcher's administration, the opposition used the 
boundary question, the settlement of which was then being 
agitated in both New Hampshire and in England, as a 
means of furthering their scheme to secure the governor's 
removal. As will be more fully explained later, the pro- 
vince labored under certain disadvantages through having 
the same governor as Massachusetts. Moreover, in the 
boundary controversy, the governor with the council — the 
majority of whom he controlled — was accused of favoring 
Massachusetts and placing obstacles in the way of a settle- 
ment. As usual, Massachusetts on her part adopted a policy 
of procrastination. At last, after many years of effort and 
then mainly through tlie dogged persistence and remarkable 
ingenuity of John Thomlinson. the province agent, and Mr. 
Paris, the able solicitor, whom he hired to plead their cause, 
the final decision settling the boundary in New Hampshire's 
favor was rendered. Having won this point, they then re- 
doubled their efforts to secure a separate governor for the 
province and at last succeeded in having Benning Went- 
worth appointed to that position.^ 

From 1747 to 1750, the latter's administration was 
greatly embarrassed by the peculiar tactics which were 
adopted by the opposition solely for the purpose of secur- 
ing his removal from office. The real trouble began when 
Wentworth in 1747 refused to approve, as speaker of the 
house, Richard Waldron, his bitter enemy and Belcher's 
warm friend. Thereupon the house refused to choose an- 
other speaker. Moreover, it refused to admit as members 
of the house certain persons who had been chosen, in re- 
sponse to the governor's writs, from towns which had 
never before sent representatives to the assembly and it per- 

^ JVew Hampshire Slate Papers, vol. xviii, pp. 145, 153, 162, 169, 
passhn. 



263] THE EXECUTIVE gl 

sisted in its refusal even after the governor laid before the 
house a royal instruction, directing it to admit the repre- 
sentatives from such unprivileged places. As neither the 
governor nor the house would yield on either point, a dead- 
lock ensued which continued for three years when, in pur- 
suance of the provisions of the triennial act, the assembly 
had to be dissolved. In the meantime Col. Isaac Royal of 
Massachusetts had been induced to put himself forward as 
a candidate for the governorship and to advance £1000 to 
further his interest along that line. The house, also, for- 
warded for presentation to the king an address which it was 
believed would be sufficient to secure the governor's recall. 
The plot, however, failed ignominiously, chiefly because 
the agent t(j whom the address was sent declined to present 
it on the ground that, as the governor had simply acted 
within his rights and in compliance with his instructions, the 
address, if presented, instead of doing him any harm would 
" certainly bring praise and commendation to Mr. Went- 
worth and very probably a censure on the assembly." ^ 

During the latter part of his administration a number of 
other complaints were made against him. It was charged 
that he received excessive fees for, and reservations in, the 
many township charters which he granted, that he inserted 
the same names in different grants, and that the clause re- 
serving to the crown certain pine trees was too vague. 
Complaint, too, was made that he neglected to correspond 
with the authorities in England as his instructions speci- 
fically required him to do, and that he assented to acts re- 
lating to private property without the saving clause required 
by his instructions and then failed to send them to England 
for the royal approval until considerable time had elapsed 
after their enactment. In performing his duties, as Sur- 

^ Provincial Papers, vol. vi, pp. 56, 65, 67, 92. 



82 NEJV HAMPSHIRE AS A ROYAL PROVINCE [264 

veyor General of his Majesty's Woods, it was claimed that 
he neglected the king's interest and appointed as his depu- 
ties persons who were incompetent and could be bought off. 
When, at last, it was learned that the governor's dismis- 
sion was determined upon, John Wentworth, his nephew, 
who was then in England, presented a memorial in his 
favor.^ Although he was not able to persuade the authori- 
ties there to allow his uncle to remain in office much longer, 
still, through the influence and solicitation of some friends 
at Court, he was able to prevent his being superseded until 
he himself received a commission for the place. 

From the outset the new governor courted the favor of 
the people. By his enterprise, shrewdness and tact and by 
his obliging disposition and polite address, he succeeded in 
making himself exceedingly popular. In executing his 
trust, he proved himself an efficient executive, satisfactory 
to the Crown and acceptable to the people. In 1772, how- 
ever, Peter Levins, one of the councilors, preferred certain 
charsfes ao-ainst him. The most serious of these concerned 
the resuming and the regranting of land which had been 
previously granted. Levins had protested against the ac- 
tion taken by the governor and council in this matter but 
had been overruled. The result was that he went to Eng- 
land and laid before the Board of Trade a memorial con- 
taining the charges against the governor. Besides the mat- 
ter above mentioned, he charged that " in a certain case the 
judges were several times changed until a judgment upon a 
particular point was at length rendered in favor of the 
governor." He declared, too, that nearly all of the coun- 
cilors were related to the governor either by blood or by 
marriage. He claimed also that the governor, in order 
"" the better to keei^ out of sight the practices of himself and 

^New Hampshire State Papers, vol. xviii, pp. 561 et seq., 568. 



265] ^^^ EXECUTIVE 83 

his council," had even ventured to ignore his Majesty's in- 
structions about sending copies of the journals of the coun- 
cil to England. Furthermore, he asserted that when he 
expressed the wish to enter in the journal his reasons for 
dissenting to a certain vote of the council he was not allowed 
that privilege/ After the governor's answer to the 
charges had been received and the matter had been farther 
discussed before the Board, the latter filed a report which 
was rather unfavorable to the governor. But the case be- 
ing brought before a committee of the Privy Council, that 
body, after maturely weighing the evidence, reported that 
there was ''' no foundation for any censure " upon the exe- 
cutive. Moreover, his administration of the affairs of the 
government appeared, the committee said, to have been such 
as to produce peace and prosperity in the province. 
Thereupon, the king approved the committee's findings and 
dismissed the complaint. Upon hearing the news the peo- 
ple seemed highly satisfied, while the house of representatives 
signified its approval by sending the governor a message 
of congratulation.^ 

During the period of royal control, two persons received 
commissions as president, ten as governor and seven as lieu- 
tenant governor. Of these less than half were born in 
America and only five were natives of New Hampshire. 
The presidents were John Cutt and Joseph Dudley. The 
latter, unlike the former, was president not only of New 
Hampshire but also of Massachusetts, Maine and the king's 
province, the four being joined under one executive for ad- 
ministrative purposes. In both cases, however, the presi- 
dent shared with the council the executive powers of gov- 
ernment. Taken in the order in which their commissions were 

^ New Hampshire State Papers, vol. xviii, pp. 614, 623 et seg. 
^Provincial Papers, vol. vii, p. 337 et seq. 



84 ^EPV HAMPSHIRE AS A ROYAL PROVINCE [266 

issued, the governors were Ediniiiid Andros, Samuel Allen, 
Lord Belloniont, Joseph Dudley, Samuel Shute, Elias Bur- 
gess, Vv'illiam Burnett, Jonathan Belcher, Benning Went- 
worth and John Wentworth. Of these, the first mentioned 
was governor not only of New Hampshire but of all the 
territory embraced within the limits of New England, New 
York and New Jersey; the third was the executive head of 
three provinces, namely New Hampshire, Massachusetts 
and New York, wliile the second and the last two were gov- 
ernors of New Hampshire only. All the others held the 
position of governor in both New Hampshire and Massa- 
chusetts, the two provinces which were otherwise separate 
and distinct being linked together s'mply through the exe- 
cutive. This personal union of the tvvo provinces lasted 
from 1702 until 1741 wlien all connection between them 
was severed, each having thereafter its own governor. Of 
the ten who received commissions as governor, one, Elias 
Burgess, did not serve at all, be'ng, it is said, prevailed 
upon by the Alassachusetts' agents to relinquish his appoint- 
ment for the sum of £1000; two others. Lord Bellomont 
and William Burnet, died in office, while another, Joseph 
Dudley, was the same person who m.any years before had 
officiated as president of New England, in which capacity 
he served until the arrival of Governor Andros. Being 
prominently identified with those then in control of af- 
fairs, he suffered arrest and imprisonment when the gov- 
ernor general was deposed by the people of Boston in April, 
1689. As governor, however, he proved to be very accept- 
able not only to the Crown but also to the people, whose rep- 
resentatives in the assembly publicly thanked him on several 
occasions for the able manner in which he conducted af- 
fairs during the war which was officially proclaimed in the 
province upon his arrival there in 1702 and continued until 
the peace of Utrecht was concluded in 1713. Still another 



267] TilE, EXECUTIVE 85 

governor, Samuel Allen, was pecuniarily interested in the 
lands of the province, having purchased from the heirs of 
Mason their claim to the soil of New Hampshire. In fact, 
that interest controlled the appointment. As a result the 
old controversy with the inhabitants respecting the owner- 
ship of their lands was revived and considerable friction 
between the executive and the people thereby engendered. 

Those who were designated in their commission by the 
title of lieutenant governor were Edward Cranfield, John 
Usher, William Partridge, George Vaughan, John Went- 
worth, David Dunbar and John Temple. Of these, the 
first, though styled in the commission simply lieutenant 
governor, was by that instrument vested with and in prac- 
tice actually exercised the powers usually conferred upon 
governors. As Mason, soon after the appointment was an- 
nounced, mortgaged to him the entire province as security 
for the payment of £150 annually for seven years, Cran- 
field was directly interested in the steps which were taken 
to force the people to take deeds of Mason. John Usher, 
who received his first appointment as lieutenant governor 
in 1692, was also directly interested in Mason's clahn, for 
he was a son-in-law of Governor Allen and was empowered 
to execute the latter's commission until his excellency him- 
self came over and assumed the government. Although 
this in itself would be sufficient to make the people dislike 
him, there were other reasons which serve to explain his 
extreme unpopularity. In the first place, he had taken an 
active part in the Andros government and both at that time 
and during his term as lieutenant governor he stoutly upheld 
the rights and prerogatives of the Crown. Then, too, he 
did not possess those accomplishments or traits of char- 
acter which were essential to success in public life. Indeed, 
he was entirely wanting in political tact and diplomacy. 
Moreover, he had very high notions of the prerogative and 



86 NEJV HAMPSHIRE AS A ROYAL PROVINCE [268 

the dignity of his commission and took a particular dishke 
to those who opposed his measures. Apparently, he never 
thought of adopting a policy of conciliation toward those 
who differed with him on any subject. When friends were 
most needed he usually made enemies. From what he him- 
self says his unpopularity at one time was such that he 
did not think it safe either to live in the province or even 
visit it. Finally, in 1696, the party in opposition to him se- 
cured the appointment of William Partridge as lieutenant 
governor. As the latter was well liked by the people and 
governed in what they considered was their interest, all 
friction ceased and harmony once more existed between the 
various departments of the government. In 1703, after 
Queen Anne's accession to the throne. Usher was re-ap- 
pointed heutenant governor/ but this time he was com- 
manded not to concern himself officially with matters re- 
lating to the disputes between Allen and the inhabitants and 
was expressly forbidden to intermeddle with the appoint- 
ment of judges or juries when such cases were to be tried. 
Notwithstanding this, however, he was as unpopular as ever. 
In 171 5.' he was superseded by George Vaughan, a son 
of Major William Vaughan. who was one of tlie most per- 
sistent opponents of Allen's claim to the soil. He proved 
to be a very acceptable official until after Governor Shute 
arrived. Then, as a result of the controversy which arose 
between the two as to the powers of the lieutenant governor 
during his superior's absence, he was suspended from 
office. ^ Flis successor was John Went worth, who w^as a 
descendant of one of the early settlers of the province and a 
relative of the last two royal governors of that name, being 
the father of Governor Benning Wentworth and the grand- 

"^ Provincial Papers, vcl. ii, rp. ^C^, 40"- '^Ibid., vol. ii, p. 678. 

'•Ibid., vol. ii, pp. ~^o, 712. 



269] THE EXECUTIVE ' g^ 

father of Governor John Wentvvorth. From this time on, 
the influence which the Wentworth family and their power- 
ful connections were able to exert in the province rapidly 
increased until at last it became the controlling factor in 
New Hampshire affairs. Of the lieutenant governors he 
was the only one to die in office. David Dunbar/ who suc- 
ceeded him, became involved, like Vaughan, in a controversy 
with the governor concerning the extent of his powers dur- 
ing his superior's absence. After his withdrawal from the 
province no one else received a commission as lieutenant 
governor until 1761, when John Temple was appointed to 
that post. On January 19th, 1762,- he took the oaths of 
office but it does not appear that he ever actually officiated 
as lieutenant governor. At the time he held the important 
position of Surveyor General of his Majesty's Customs for 
the Northern District of America and resided in Boston. 

Although the personal union of the two provinces was 
undoubtedly a distinct advantage when considered from a 
military standpoint, it was in many respects detrimental to 
the interests of New Hampshire and gave rise at times to 
considerable friction and ill-feeling. Thus difficulties arose 
in consequence of the fact that the governor lived the 
greater part of his time in the more populous province. In 
fact, he seldom came to New Hampshire except when the 
assembly was in session and even then not regularly. It is, 
therefore, easy to understand why it was that the people 
sometimes felt that the smaller province was being neglected. 
Then, too, wdien the interests of the two provinces clashed 
or were at variance with each other, the governor's position 
was a very trying one. If, under such circumstances, he 
seemed to favor one side, the other would be apt to impute 
it to some sinister motive, and if it was the interests of 

^Provincial Papers, vol. iv, p. 590. ''Ibid., vol. vi, pp. 629, 630. 



88 A''£f^ HAMPSHIRE AS A ROYAL PROVINCE [270 

Massachusetts that happened to be favored, the inhabitants 
of New Hampshire would be very Hkely to attribute the 
governor's action to the fear of incurring the enmity of the 
people of the larger province. For, as the latter were in a 
position both from their wealth and numbers to pay him a 
much larger salary than poor and sparsely-settled New 
Hampshire could, it is evident that, as his salary there de- 
pended on annual grants, he had to be very careful not to 
incur the hostility of the people of that province by signing 
any bill or doing anything which might be regarded as de- 
trimental or prejudicial to the interests of Massachusetts. 
On the other hand, when the acts or conduct of one province 
proved injurious to or threatened the interests of the 
other, the governor was often the means of having the mat- 
ters at issue satisfactorily adjusted. Owing to the fact that 
the governor lived in Boston, serious complications some- 
times arose in the relations between the governor and the 
lieutenant governor concerning the extent of their respective 
powers. Thus not long after Usher entered upon his second 
term as lieutenant governor, he desired his superior, Gov- 
ernor Dudley, to remove some of the officers who he 
claimed were disaffected and disloyal to Crown government; 
but Dudley, who was anxious to conciliate rather than an- 
tagonize the various factions, was not disposed to comply 
with the request because the officials complained of were 
persons of prominence and influence. For these reasons he 
advised Usher to proceed with caution, at the same time 
reminding him that " where there are so few persons fit for 
public business we must drive as we can." But Lusher was 
not the man to be guided by such advice, for not long after- 
wards he attempted to remove Capt. Flinckes from his post 
as captain of the fort and appointed another to take his 
place. Upon being informed of this, the governor wrote 
Usher that he was sorrv that there was anv misunderstand- 



271] THE EXECUTIVE ^g 

ing between him and Capt. Hinckes, because the latter had 
long been a member of the counc"l and held the position of . 
chief justice. On account of Allen's affair, therefore, he 
thought he ought not to be dealt harshly with. To have 
suspended him from office would, in his judgment, have 
been the wiser course to pursue. He then told Usher that, 
as an answer could be obtained from him in Boston within 
twenty-four hours, he expected the lieutenant governor to 
allow him in the future to sign all commissions for New 
Hampshire himself, "lest there be a quarrel between officers 
of two sorts." Though Usher chafed under the restraint 
thus imposed and complained that his hands were by such 
action completely tied during the governor's absence, he 
resolved to comply with his superior's orders, and, though 
some officials were not disposed to yield a ready obedience 
to his commands, he determined to avoid contention and 
strife. In his letters to the Board of Trade, he declared 
that his commission was a mere cipher and that the position 
of lieutenant governor signified nothing, for not only was 
he forbidden to dismiss or remove officials or even fill vacan- 
cies but he claimed he was not consulted by the governor 
for considerable periods of time respecting New Hampshire 
affairs. From England, however, no encouraging reply 
was received. In fact, the authorities there upheld the gov- 
ernor. Thus, in the margin of one of his letters are the 
words. " He is to submit to and obey his superiors;" while 
on another letter, in which he suggested that the lieutenant 
governor had power in the governor's absence to remove 
officials for just cause and appoint others in their places, 
there is a note stating that the governor was " not absent 
when in New England." Being devoid of tact, he usually 
made enemies where friends were most needed. He wms 
generally at odds with the council, some of whose members 
refused to attend when he was in the province. The rep- 



C)o ^^ElV HAMPSHIRE AS A ROYAL PROVINCE [272 

resentatives also hated him and the people in general dis- 
trusted him. From what the governor said he always put 
everything in a flame whenever he went into the province. 
When all these things, therefore, are taken into considera- 
tion, the course which the governor pursued was undoubt- 
edly the proper one.^ 

A controversy similar to this arose during the administra- 
tion of Governor Shute. For about a year prior to the lat- 
ter's arrival in the province, George Vaughan. the lieutenant 
governor, had been exercising all the powers of the chief 
executive. Like Partridge lie was a native of the province 
and was well liked by the people, who expressed themselves 
as satisfied with the way in which he managed the govern- 
ment. Vaughan now claimed that when the governor w^as 
not in New Hampshire, the powers of the commander-in- 
chief devoh'ed upon the lieutenant governor. Shute, on the 
other hand, maintained that so long as he was present in 
either of the two provinces, he was to be considered as 
legally present in both. Consequently, the lieutenant gov- 
ernor had no power to act except in obedience to his su- 
perior's orders or upon receipt of .special orders from the 
crown. At first some of the councillors desired to withhold 
their opinion as to the merits of the question, but not long 
afterwards the Board went so far as to say that " any di- 
rections respecting the dissolution of an assembly or calling 
one is a matter that ought to be under his excellency's own 
hand and directed to his honor, the lieutenant governor, 
when there is one on the spot." - Nothing further of any 
importance occurred until the following May. when Vaug- 
han determined to bring the matter to a head. Then, dur- 
ing a meeting of the council, he declared, in the governor's 

• Col. Papers, Record Office, London. 

'■ Provivcia'- Papers, vol. ii. pp. 608, 70^. 705. 



273] '^^^ EXECUTIVE 91 

presence, that as the king's lieutenant governor, he would 
with all vigor and readiness attend his Majesty's service in 
that capacity to the utmost of his ability. Moreover, he 
said that when the governor was not in the province the 
lieutenant governor exercised the full powers of the gov- 
ernor. A little later Vaughan again asserted in council 
that, if Col. Shute was not within the bounds of the province 
as expressed in his commission " but forty miles distant, he 
must be out of the province and consequently absent." 
" 'Tis demanded of you," said he, *' whether or no I am 
vested with power as lieutenant governor and commander- 
in-chief, his excellency being absent in Boston." To this 
the Board gave no direct answer, but, with regard to a com- 
mission of the peace which Governor Shute left in the pro- 
vince, it expressed the opinion that it was " good and that 
the gentlemen inserted in said commission ought to be 
forthwith sworn," as well as any other officers commis- 
sioned by the governor. Soon Vaughan began to act upon 
his own responsibility and in direct violation of his su- 
perior's orders. When ordered to appoint a fast, he de- 
liberately refused to obe}^ and when commanded to pro- 
rogue the assembly, he dissolved it, without asking the coun- 
cil's advice in the matter. He also suspended Samuel Pen- 
hallow, one of the councillors, presumabl}^ because he had 
incurred his displeasure by the attitude which he had as- 
sumed in the controversy. On September 30, 1717, Shute, 
in the presence of the council, asked Vaughan whether his 
instructions superseded or were contrary to his own. When 
the lieutenant governor " could not produce any " to that 
effect, the council, upon the question being put to them, de- 
clared that Penhallow's suspension was illegal. Thereupon, 
Shute asked the board, if in view of Vaughan's illegal pro- 
ceedings, " it was not for the honor of the Crown and the 
safety of the province " to suspend hirn till the king's pleas- 



ij2 NEW HAMPSHIRE AS A ROYAL PROVINCE [274 

lire was known. ^ Upon their deciding in the affirmative, 
Shute pronounced V^anghan suspended and immediately re- 
stored Penhallow to the council board. The assembly which 
ilie lieutenant governor h?A dissolved then convened and ap- 
proved the governor's action. 

During Belcher's administration the question again came 
to the front, for the views of Governor Belcher on that sub- 
ject Vi'cre substantially the same as those of Governor Shui:e 
vvli le Lieutenant Governor Dunbar maintained practically 
the sa)ne position in the matter that Lieutenant Governor 
Vaugh.an did. AUhouo'h, like the latter, he vigorouslv Dro- 
tested against such an interpretation of the terms of his com- 
mission, it availed him nothing. In th's controversy, un- 
h'ke the previous one, there was an additional element of 
bitterness. In the first place, the appointment of Dunbar 
to the position was particularly distasteful to the governor. 
Moreover, the ill-feeling that existed at the beginning in- 
creased as time passed. Furthermore, as the governor was 
bv nature stern and vindictive to his enemies, he treated 
the lieutenant governor with great liarshness. Finding 
himself stripped of authority — for he was not allowed either 
to sit or preside in council or comu'iand the fort or issue 
orders — he withdrew for a long time from the province. 
Upon his return, the governor relaxed his severity some- 
what, but continued to complain bitterly about him to the 
Soard of Trade, declaring that he was the instigator of all 
the disturbances in the province. These complaints, how- 
ever, failed to secure his removal. Concerning Belcher's 
treatment of th.e lieutenant governor. Col. Atkinson, in a 
letter to the colon.v's agent in London, s:'id, that Dunbar 
h.ad been, as badly treated both by his su]>eriors and in- 
feriors as perhaps an}' man ever was. Ue declared that the 

^Provincial Papers, vol. ii. p. 710. 



275] '^^^ EXECUTIVE 93 

governor insisted upon enjoying all power and salary, even 
when at Boston, so that the lieutenant governor was no more 
than a cipher. Moreover, not one of the government offi- 
cials ever came near him, while the officers of the militia 
even met and had the drums beat about the town with- 
out his knowledge or consent. The council, too, he af- 
firmed, sat, in response to the summons of the president 
acting under orders from the governor, in the very house 
in which the lieutenant governor lived and there transacted 
the affairs of government without even taking the least 
notice of his honor. By such proceedings as these the 
lieutenant governor was, he said, rendered entirely in- 
capable of doing any service either as lieutenant governor 
or as surveyor general of his Majesty's Woods, which posi- 
tion he also held. Seeing the hopelessness of his position, 
Dunbar at last set sail for England, hoping to secure for 
himself the governorship. y\fter his withdrawal from the 
province, no other lieutenant governor was appointed until 
1 76 1. As the latter, however, never took any active part 
in the government, being simply a titular lieutenant gov- 
ernor, there was no further controversy, during the pro- 
vincial period, over the relations between the governor and 
lieutenant governor. 

Although governors derived their support from several 
sources, by far the most important part of their income con- 
sisted of the grants which they received from the assembly, 
for the home government itself never made any provision 
for their maintenance. In fact, its policy from the begin- 
ning was to throw the support of the provincial establish- 
ment entirely upon the province. As the assembly, how- 
ever, could not be prevailed upon to create a permanent 
fund for the payment of salaries nor be induced to settle 
for all time any fixed and definite amount upon the execu- 
tives, it will be necessary to treat each case separately, for 



94 NEIV HAMPSHIRE AS A ROYAL PROVINCE [276 

the sums received not only varied considerably but were 
frequently granted at very irregular intervals. In the case 
of the last two royal governors, special grants were also 
made for house-rent. 

Before discussing the salary question, however, attention 
must first be called to the fact that the province was finan- 
cially weak. This was due to several causes. In the first 
place, it must be remembered that the province was small 
in area and for a great many years contained but few settle- 
ments. Its position, too, was such that it was exposed on 
practically every side to the inroads of the enemy. .\s a 
good part of the provincial period was a period of war, con- 
siderable money had of course to be spent for purposes of 
defence. Then, too, those campaigns beyond the limits 
of the province, in wh'ch New Hampshire participated, 
particularly those in which the troops had to be transported 
great distances and were kept in service for many months 
at a time, were a heavy drain upon the financial resources 
of the province. But apart from the actual expenses thus 
incurred, tliese wars impoverished the people, caused some 
to move away to less exposed colonies, frightened many 
prospective settlers from taking up a residence in the pro- 
vince, prevented the natural extension of the settlements 
westward and seriously affected not only agricultural but 
also business and commercial interests. As a result, the 
province was for a great part of the time really not in a 
position to grant large salaries. In some cases also an 
official's own personality counted for much, while at times 
the policy, which Massachusetts adopted, of granting 
salaries for short periods undoubtedly influenced the action 
of the New Hampshire assembly. 

Early in 1682 Mason, in order to strengthen his interest 
with the home government, ofifered to surrender to the 
Crown for the support of the government both the fines and 



277] ^-^^ EXECUTIVE 95 

forfeitures to which he was legally entitled in New Hamp- 
shire and one-fifth of the quit-rents. The offer being ac- 
cepted, an order was issued that the money thus obtained 
should go toward the support of the executive of the pro- 
vince. Some time after this Mason mortgaged to Cran- 
field, who had been appointed lieutenant governor of New 
Hampshire, the lands of the entire province for a period of 
twenty-one years as security for the payment of £150 an- 
nually for seven years. ^ No such sum, as these words 
would seem to suggest, was however received by Cran- 
field. In the first place. Mason was not in a position 
to pay the amount agreed upon. Then in October, 1684, 
Cranfield himself said that up to that time he had not re- 
ceived one penny from the proprietor. Moreover, the fines 
and forfeitures in so small a province amounted to no great 
sum, while that due from the quit-rents was according to 
what the council said, " through the perverse obstinacy 
of the most part of the inhabitants ... so inconsiderable " 
that no benefit or advantage was derived from them.- 

In the province the first assembly which met under Cran- 
field, granted him £200. Although the governor assented 
to the act, it is very doubtful whether he accepted the gift.'^ 
On account of his unscrupulous conduct in the later ad- 
ministration of the government, any hopes which he might 
have entertained, of obtaining further grants from the 
assembly were completely shattered. The council, however, 
on January 2, 1684, passed an order, giving him £100 a year 
from the time of his first arrival in the province, besides 

^New Hampshire State Papers, vol. xxix, pp. 126, 647, 648; Provin- 
cial Papers, vol. i, pp. 453, 465, 502, 514, 517; Cat. State Papers, 1681-5, 
§ 1895. 

"^Provincial Papers, vol. i, p. 555. 

* New Hampshire Historical Collections, vol. viii, pp. 212, 213. 



gS NEW HAMPSHIRE AS A ROYAL PROVINCE [278 

£40 which he had expended in making, at the council's 
request, a journey to New York — all of which w\as to be 
paid out of a rate levied by virtue of a mere order of the 
governor and council, without the consent or advice of 
the general assembly/ As this method of raising money 
for the support of the government was a failure. Cranfield 
had to rely for his support upon the perquisites attached to 
his office. It is, indeed, impossible to estimate with any 
accuracy just what these amounted to, but it is certain that 
at this time in so sn.iall and so sparsely populated a province 
they could have produced no great sum. As Cranfield, 
however, was accrised of receiving far greater fees than were 
customary either in the province or in England and resorted 
to various methods of extortion to get money, it is highly 
probable that he received far more th.an he was justly en- 
titled to. 

John Uslier, who was sworn in as lieutenant governor in 
1692, fared even worse than Cranfield, because he was 
obliged from the beginning to support the dignity of his 
office out of his own private fortune, for the assembly ab- 
solutely refused to grant him a salary and only occasion- 
ally was anything allowed him for traveling expenses. 
Y/hen the matter was brought to the attention of the house, 
that body usually pleaded poverty. Although it must be 
admitted that the province was then financially weak, the 
real reason for refusing him a salary is to be found in the 
fact that he was extremely unpopular. And that this was 
the cause is the more apparent during his second term, as 
lieutenant governor, when the assembly cheerfully agreed 
to give the governor an annual allowance during the entire 
period of his administration but refused to give Usher a 
grant for even a single year. Frequently he laid his case 

^ Provincial Papers, vol. i. p. 555. 



279] '^^^ EXECUTIVE 97 

before the home government and asked that orders be is- 
sued granting him a salary for the services he rendered. 
Moreover, he even suggested how certain duties might be 
laid on lumber, which would yield sufficient revenue " to 
support the government without hardship to the inhabi- 
tants." On several occasions he said he had been so badly 
treated that he did not intend to return to the province until 
he received orders from England, and he even asked that 
he be relieved of his commission. Notwithstanding his 
many appeals, however, no encouraging reply was received 
from the home government and no relief granted.^ 

Although, after his re-appointment in 1703, Usher was 
able to produce an instruction " calling upon the assembly to 
grant a permanent salary both to him and the governor, he 
met with no better success. And, although the governor 
interceded in his behalf and time and time again recom- 
mended that suitable lodgings be provided for him, the 
assembly could never be persuaded to provide him with such 
accommodation as a man in his position should have had. 
In 1704, after several requests of this kind had been made, 
the council gave orders that two rooms should be suitably 
fitted up for the lieutenant governor's accommodation until 
the assembly met and made other provision. At the same 
time, the expenses which he had incurred in visiting the 
province on a previous occasion were ordered to be paid. 
When the assembly convened, however, the house flatly re- 
fused to do anything, saying, " this province never yet 
allowed anything to a lieutenant governor as he well knew 
during his former residence here and might rationally expect 
no other upon his return, especially considering that we are 
now in a far worse capacity than formerly and unable to 

' Col. Papers, Record Office, London. 
^ Provincial Papers , vol. iii, p. 251. 



98 NE^ HAMPSHIRE AS A ROYAL PROVINCE [280 

support the more necessary charge of defending this her 
Majesty's province against the French and Indian enemy." ^ 

In March, 1705, the council allowed Usher £9 for certain 
journeys he made on her Majesty's service. The following 
September, the governor informed the board by letter that 
he was sorry to find that his former request for a house for 
Usher had not yet been complied with, for the king's com- 
mands could be executed only by his honor or himself. 
Nothing, however, was done except to refer the matter to 
the next assembly. During the next few years several 
small sums were allowed the lieutenant governor for cer- 
tain tours he made to New Hampshire, but no provision 
was made for his support or accommodation until August, 
1708, when the treasurer was ordered to provide suitable 
lodgings for him at the fort. In a few days Usher com- 
plained that the rooms provided for him were neither fitted 
nor plastered and were very inconvenient as lodgings. 
Thereupon, the same were ordered to be fitted up properly 
but after this was done Usher complained that they were 
still worse than those of his negro servants." 

In June of the following year. Usher again pressed be- 
fore the council the question of an allowance. In obedi- 
ence to the governor's commands, said he, '' I am come into 
the province to promote and forward his design ... It is 
iiow about twelve months since I last came into the govern- 
ment with hazard of my life; staid by his excellency's com- 
mand some time, spent my own money and time [but] 
had no allowance, am now come again and expect allow- 
ance as is in honor due to the queen's commission, knowing 
considerable had been advanced for others as appears by 

^Provincial Papers, vol. ii, pp. 435, 439, 440: vol. iii. pp. 2'^2. 277. 
295- 

'^Ibid., vol. ii. pp. 459, 465. 470, 482. 586, 588, 589, ^go, passim. 



28l] THE EXECUTIVE 99 

the accounts sent home." ^ A few days afterwards the 
council allowed him £5 for a journey he made into the 
province on the queen's special business and ordered that, 
" for his extreme care, charges and good services it may 
be laid before the next assembly that a sum of money may 
be presented to him as a gratuity for the same." ^ In 1 710 
Usher told the assembly that he had served four years under 
Allen's commission, but " never had to the value of a drop 
of water at the charge of the province," being himself 
several hundred pounds out of pocket, while under Dudley 
he had served six years but had never received anything 
" for his care, pains and service." Again, however, his ap- 
peal for support failed to produce the result desired. Al- 
though, during the balance of his term, he repeatedly urged 
the assembly to make him an allowance for his services, that 
body could not be prevailed upon to give him anything, 
while the most that the council did was to grant him oc- 
casionally a small sum to defray the expenses of certain 
journeys he undertook for the queen's service.^ Usher's ef- 
forts, therefore, to obtain a salary were totally unsuccessful, 
while the money which he received every now and then for 
traveling expenses was inconsiderable when compared with 
the amount which he was actually obliged to spend in the 
performance of his duty. 

From Allen, also, he received nothing. Although the 
governor promised him £250 a year for executing his com- 
mission, he was unable to pay Usher the money because the 
people had refused to acknowledge his title and would not 
therefore take leases of him. Later, Allen was about to 
give him 1000 acres of unenclosed and unoccupied land 
situated at Little Boar's Head, and in fact the deed was 

^Provincial Papers, vol. ii, p. 595. -Ibid., vol. ii. p. 597. 

* Ibid., vol. ii, pp. 663, 664. 669, 676, passim. 



TOO A^'EW'' HAMPSHIRE AS A ROYAL PROVINCE [282 

drawn up, but on account of Allen's sudden death it was 
never signed/ 

When Allen himself came over and entered noon the 
government in the fall of 1698,- the salary question was 
not discussed, for he had assumed control principally in or- 
der to protect his interests, pending the arrival of Lord 
Bellomont who had already been appointed to succeed him. 
At last, on July 31, 1699, the earl himself arrived, and 
was received with great joy by the people. .Mthough he 
was to remain in the province only a few weeks the as- 
sembly quickly made him a present of £500." This is the 
only money which he received from the province and the 
onl}^ time that he was able to visit it. for in March. 1701, 
his career was suddenly cut short by death. 

Whether William Partridge ever received any allowance 
for his services as lieutenant governor is by no means clear. 
Although there is nothing in the records of either the gen- 
eral assembly or the council about any salary or present, it 
is evident from the records that considerable money passed 
through his hands, but what some of the items with which 
he is credited refer to. or what some of the disbursements 
mentioned really were, is uncertain. In a speech made to 
the assembly in 1703. Usher declared that there had been 
paid to Partridge for disbursements £867 :2 :6, for which 
there was no account of particulars.* And in another 
speech, delivered in 171 5. he said that he found that Par- 
tridge in less than a year had been allowed £800 as the 
charge of his commission."''' Furthermore in several letters 

' Col. Papers, Record Office. 
^Provincial Papers, vol. ii, pp. 276, ijy . 
""Ibid., vol. ii, pp. 313, ziZ) vol. iii, p. 86. 

^Ibid., vol. ii. pp. 241, 267, 269, 574, 575; vol. iii, pp. 90. 91. 139, 
passim. 

■'Ibid., vol. iii. p. 5Q4. 



283] THE EXECUTIVE lOi 

to the Board of Trade, he declared that the use of the word 
disbursements was simply a " trick " or " contrivance " to 
avoid saying a gift or present.^ From the fact that the ac- 
counts and records of the province were very loosely kept, 
it seems likely that Partridge did receive some allowance or 
presents from the assembly, and this appears still more prob- 
able from the fact that he was extremely popular with the 
people, who would naturally be inclined to reward one of 
whom they approved. 

Since many inconveniences arose in the colonies as a result 
of the policy which the colonial legislatures adopted, of 
giving governors and lieutenant governors gifts, presents 
and temporary salaries, the Crown, in order to prevent them, 
issued in 1703, an additional instruction, requiring gov- 
ernors to acquaint their respective assemblies with the fact 
that the queen desired them to " forthwith settle a constant 
and fixed allowance " on both the governor and lieutenant 
governor." Moreover, when this allowance (which was 
not to be temporary, but without limitation of time) was 
once settled, neither the governor, nor the lieutenant gov- 
ernor, nor the president of the council was, under pain of 
her Majesty's " highest displeasure " and summary removal 
from office, to consent to any act or bill granting them a 
present or gift. 

When Governor Dudley, in the fall of 1703, laid this in- 
struction before the house, that body unanimously agreed 
to pay him " out of the impost or other public taxes " £160 
every year he remained governor of the province.^ The 
council, too, unanimously consented to the vote regulating 
the governor's salary, but was opposed to any alteration of 

^ Board of Trade Papers, New England, vol. ii, bundle N. 
^Provincial Papers, vol. iii, p. 251. April 20, 1703. 
^ Ibid., vol. iii, pp. 261, 305. 



T02 NEW HAMPSHIRE AS A ROYAL PROVINCE [284 

the treasurer's fees as was therein proposed. Later, in 
April, 1705, another bill settling the same amount upon 
the governor during h:s continuance in office passed both 
houses and was signed by the governor/ In a letter to the 
Board of Trade, Dudley said this sum was as much as 
the province could afiford to pay in time of peace. As the 
appropriation was not without limit of time but was made 
for a specific period only, the Crown failed to secure a full 
compliance with its wishes. In addition to his salary. 
Dudley received from the assembly soon after his entrance 
upon the government, a present of £250.^ In a letter to 
the Board of Trade, dated February 25, 1704, Usher said 
that the government had gi'\'en and spent upon the gov- 
ernor about £776 in three months, which was " a great 
deal for New Hampshire." This included the present of 
£250 above mentioned, his salary for the 3'ear £160, and. 
according to Usher, another gift of £200 which he received 
without the Queen's leave."'' 

In December, 1715, a few months after George Vaughan 
became lieutenant governor, the representatives gratefully 
acknowledged the good service which he had rendered the 
province but declared that, by reason of the poverty and in- 
debtedness of the country, tliey were not in a position to 
give him as much as they would like to. They, therefore, 
prayed him to accept for a period of one year the income 
arising from the impost and excise. This vote the coun- 
cil concurred, the following May. Later, the council re- 

^ Provincial Papers, vol. iii, p. 308. '^ Ibid., vol. iii, pp. 241, 690,691. 

■^ Ibid., vol. ii, pp. ."^79, .388, 402. In the records are found the follow- 
ing items also: For disbursements for reception of governor and gentle- 
men with him and for entertainment of men and horses, £^7 85. 6a. 
As present to captain of ship he came in, /'20. For entertaining gov- 
ernor and other gentlemen three weeks, ^584.9. (1702). For entertain- 
ing governor and other gentlemen, /.\Q (170.3). 



285] THE EXECUTIVE 103 

commended that he be granted the £60 which would have 
been due to Col. Dudley" had not Vaughan published his 
commission, and, after Governor Shute's arrival/ the mem- 
bers entreated him to give his honor for his more honor- 
able support some office of profit, as they themselves were 
unable to grant him a suitable allowance." 

Like his predecessor, Shute also received a present upon 
assuming the government. At first the amount granted 
was only £200, but a little later £50 was added to it in or- 
der to make it equal the sum given to Dudley.' Unlike the 
latter, however, he did not receive a salary grant covering 
his term of office, but had to content himself with such 
sums as the assembly from time to time chose to grant him. 
For his salary, therefore, he was completely dependent upon 
the will and even the caprice of the assembly, for when 
he received one sum, he did not know how long it would 
be before the next would be received nor what the 
amount of it would be. In May, 1717, the two houses 
voted to allow him for the ensuing year thirty shillings 
every day the assembly was in session. This was to 
defray his expenses.* The following October, he was 
granted £160, and the next May he received £140 more. 
The following October, the legislature voted to present him 
with £90, while in September, 1719, it gave him £100. 
From that time until 1723 when he returned to England to 
justify himself before the king for the way in which he ad- 
ministered the government in Massachusetts, the assembly 
always made him a grant of £100 twice a year.^ Not- 

^ Provincial Papers, vol. iii, pp. 620, 646. Vaughan had acted as 
agent for the province in England. 
■Ibid., vol. iii, pp. 652. 669. 

^ Ibid., vol. iii, pp. 670, 690, 691. ^ Ibid., vol. iii, p. 688. 

'"Ibid., vol. iii, pp. 717, 735. 748, 768, ^^^, 7Q4. 808, 838; vol. iv. pp. 

40, iz. 



I04 ^^^^ HAMPSHIRE AS A ROYAL PROVINCE [286 

withstanding the fact that his commission remained in 
force until after the death of George I, the assembly, though 
urged, could not be prevailed upon to give him any salary 
when he was not in New England. When at last his mis- 
sion was ended and he was on the point of returning to 
America, the government in England changed hands and 
he found himself superseded. 

Lieutenant-Governor Wentworth, who published his com- 
niission in December, 171 7, served under three successive 
governors, namely Shute, Burnet and Belcher. In refer- 
ring to the salary question, Governor Shute in October, 
1718 told the assembly that as Massachusetts, in compli- 
ance with the king's instructions had granted their lieuten- 
ant governor an allowance, he had no doubt that New 
Hampshire would follow their example.^ To this the 
house replied that their regard for the lieutenant governor 
was such that they would be only too willing to give him a 
generous present as evidence of it, but the public charges 
were so great that the province was not in a position finan- 
cially to grant him more than the excise until the follow- 
ing May. But when May came, the most that they could 
do was to present him with the excise for one full year 
from that time. In July, 1721, they gave him £100, and 
the following year they allowed him a similar amount. 
After Shute's return to England in 1723," his powers as 
commander-in-chief devolved on Lieutenant-Governor Went- 
worth, who usually received every year from the assembly 
for the services he rendered in that capacity two grants 
of at least £100 each. During the war with the Indians 
he occasionally received an additional sum for the extra 

^Provincial Papers, vol. iii. pp. 716, 735. During the sessions of the 
legislature he was granted at first 55.; later, los. a day. 

^Ibid., vol. iii, pp. 740, 744, 761, 819; vol. iv, pp. yZ' 74- 76, 104, 124. 
144, 186, 204, 217, 223, 238, 251, 293, 456, 546, passim. 



287] THE EXECUTIVE 105 

services which he then rendered. It was during- that war 
also that the salary grants were the highest. After the as- 
sembly settled a salary upon Governor Burnet in 1729. the 
latter voluntarily transferred a third of it to Wentworth, 
the lieutenant governor.^ When however, in 1730, the 
assembly was discussing the question of granting a salary 
to Governor Belcher, the feeling between Wentworth and 
his superior was such that the latter would not surrender 
to him any part of his salary but compelled him, before 
the salary act was passed, to acknowledge under his own 
hand that he " quitted all claim to any part of the salary 
to be settled on his excellency pursuant to the king's in- 
structions and had no expectation nor dependence upon the 
assembly for any allowance for the future but depended 
wholly upon his excellency." ' The result was that Went- 
worth had to be content merely with the fees and perquisites 
attaching to his office. 

When Burnet became governor,^ he had positive direc- 
tions from the Crown to insist upon the establishment of a 
permanent salary. He was to urge the passage of an act 
settling upon governors for all time to come a fixed and 
definite salary. If, however, he found that this could not 
be done, he was to take care that a salary was settled at 
least upon himself during his continuance in office. Al- 
though some of the representatives were averse to this, 
enough were at length won over to secure the enactment of 
a law granting him annually for a period of three years 
or during his administration £200 sterling or £600 in bills 
of credit.* 

^ Provincial Papers , vol. iv, pp. 546, 550. 
"^Ibid., vol. iv, pp. 570, 759. ^Ibid., vol. iv, p. 17. 

"■Ibid., vol. iv, pp. 17. 535, 539, 546, 555- Burnet died Sept. 7, 
1729. 



To6 ^ElV HAMPSHIRE AS A ROYAL PROVINCE [288 

In the case of Governor Belcher, who was sworn in in 
1730, tlie assembly again fixed the amount at £200 sterling, 
or £600 in bills of credit, but made the grant cover his term 
of otTfice.^ As the bills of credit did not long maintain 
the same ratio to the pound sterling as was indicated in the 
act regulating the salary, but steadily declined in value, 
the actual value of Belcher's salary (for he was paid in 
paper money) steadily decreased. At last, in 1741, he in- 
formed the house that he had " been so great and so long 
a sufferer by the continual sinking of the paper bills " that 
he was obliged to lay the matter before them. He claimed 
that he was being paid much less than he should be paid, 
since, at the time of the settlement, the £600 in bills of 
credit were supposed to be equal in value to £200 sterling. 
Upon that basis he computed that he had received £3240 
less than was contemplated in the act, besides the interest 
on his salary for the time when he had been compelled 
to wait for payment owing to the depleted treasury. He, 
therefore, asked the assembly to make good the deficiency, 
but that body refused to do so on the ground that the vote 
granting the salary only called for the payment of £600 in 
bills of credit, nothing at all being said as to the fluctuations 
in value of the paper money.' 

David Dunbar, who received a commission as lieutenant 
governor the year after Belcher entered upon the govern- 
ment, was not favored by the assembly with an allowance 
and did not receive anything from the governor. From 
the fees which he obtained by issuing such documents as 
registers, certificates, licenses and passes he probably re- 
ceived £50. As Surveyor General of his Majesty's Woods, 
a position which he held by commission from the Crown, 

^Provincial Papers, vol. iv. pp. 570, 760. 
'/(?>.'>/., vol. V, pp. 84, 85. 



289] 'THE. EXECUTIVE 107 

he drew a salary of £200 a year, while the perquisites 
amounted to nearly £100. 

In his first speech to the assembly, Governor Benning 
Wentworth, who assumed office in December, 1741, told 
the members that the king had given him explicit di- 
rections to recommend to them that provision be made for 
the honorable support of the government and for the 
settlement of such a salary upon both himself and his 
successors as was necessary to properly maintain the 
dignity of that office, such settlement to be made in 
sterling or proclamation money to prevent any varia- 
tion or depreciation therein. As former assemblies had 
paid obedience to his Majesty's commands on th's im- 
portant subject he had the less reason, he said, to doubt 
their ready compliance therewith/ In reply the house 
expressed its intention of making suitable provision for 
his support as soon as a method could be devised for rais- 
ing the money and it was known just how great an increase 
in population the province had received by the recent settle- 
ment of the boundary controversy in New Hampshire's 
favor. A little more than a month later, after making him 
a present of £500 to help defray " the charge he had been at 
in coming to the government." ~ the assembly took up for 
consideration the salary question. At first, it was not in- 
clined to comply with the royal instructions, for it granted 
him a specified amount for a short time only, namely until 
the close of the year 1742.^ This, of course, the governor 
did not accept. In fact, he declared that he could not 
accept any salary, no matter how large it might be, other- 
wise than by an act of settlement. In the past compliance 
with his Majesty's instructions had, he assured them, been 

^Provincial Papers, vol. v, p. 136. 

^ Ibid., vol. V, pp. 143, 623, 930. ^ Ibid., vol. v, p. i45- 



I08 A^-Ef^J^ HAMPSHIRE AS A ROYAL PROVINCE [290 

a means of obtaining for them great favors. If, therefore, 
from a contrary behavior, the present assembly should for- 
feit the royal favor, it would be doing the greatest injury 
to the people it represented and be a means of putting it 
out of his power ever again to ask for or obtain the least 
indulgence for the province in the future. " I am very 
far," said he, " from desiring to enter into a contest with 
the house of representatives on this or any other subject but 
this so nearly concerns the honor of the Crown, the pros- 
perity of the province and the peace of the inhabitants that 
I should stand highly chargeable with a want of duty to my 
royal master should I give up so tender a point." As the 
assembly, however, made no " effectual advance " toward 
settling a revenue for the support of the government, the 
governor sought at last to bring that body to a sense of its 
duty by saying, " Gentlemen, be assured on this point 
(and don't suffer yourselves to be deluded or misguided) 
that you are contending with the Crown and not with the 
governor, and that your non-compliance with my request 
as the king's representative will be esteemed by his Majesty 
as the highest act of disobedience." ^ In a few days the 
house passed two votes, each calling for a grant of £250 
proclamation money a year. One of the grants, however, 
was a conditional one in that it stipulated that the money 
should be granted only in case the king approved an act 
providing for a loan of £25,000." Thereupon, the governor 
informed the lower house that the votes fell far short of 
his expectations and were so full of uncertainties that they 
ought to be reconsidered. To this the house replied that 
on account of " the distressing circumstances " of the peo- 
ple it was impossible to grant any further allowance for 
the present. For this reason it desired him to accept 

^ Provincial Papers, vol. v, p. 148. ''-Ibid., vol. v, pp. 149, 152, 153. 



291] THE EXECUTIVE 109 

what had been appropriated.^ Perceiving that it would 
be useless to press the matter further, the g'overnor simply 
asked that the votes be made clear and unmistakable in 
meaning and so worded as to cover his entire administra- 
tion.- As finally approved by the two houses, both of 
the acts, embodying the salary grants provided for the pay- 
ment of £250 proclamation money a year. By the terms 
of the first act, however, the £250 therein specified was to 
come out of the excise and be paid every year during the 
governor's continuance in oftice, while by the terms of the 
second act the £250 therein designated was to come out of 
the interest arising from the £25,000 loan and was to be 
paid annually only so long as the act remained in force. 
As this was by no means a full compliance with the gov- 
ernor's wishes, the house, in order to induce him to sign 
both measures, voted to present him with £125 in case he 
did so. This he finally deem.ed it best to do.^ 

For several years nothing more was heard about his 
salary. Then, Wentworth found it necessary to complain, 
for, since he was paid in bills of credit and not in silver, 
the actual monetary value of his salary becam.e less and less 
as the paper bills declined in value. At last, though " with 
great reluctancy " as he put it, he pressed the legislature 
" to do justice to their own acts," for " nothing," said he, 
" will make it clearer that it is your duty and interest to 
see this act duly executed than the words of his Majesty's 
instructions, requiring the salary to be ' paid in sterling 
or proclamation money or in bills of credit current in that 
province in proportion to the value such bills shall pass at 
in exchange for silver.' " * He therefore asked them to 
make not only ample satisfaction for all the deficiencies of 

^Provincial Papers, vol. v, p. 150. ^ Ibid., vol. v, p. 151. 

^ Ibid., vol. V. pp. 152, 15s, 623. ibid., vol. v, p. 846. 



no NEW HAMPSHIRE AS A ROYAL PROVINCE [292 

the past but suitable provision also for the future. In re- 
sponse to this, the assembly voted to pay him £1000 to 
make up the deficiency in his salary due to the depreciation 
of the paper money, but made no provision respecting any 
future deficiency. In July, 1747, the governor declared 
that neither in honor to the king nor in justice to himself 
could he accept the grant which they made in answer to his 
repeated messages for a just and equitable satisfaction for 
the arrearages due in his salary for the past five years. He 
then told them that he had never considered the salary a 
competent sum, but had consented to accept it merely in 
order to avoid giving his superiors any trouble and to put 
an end to a long session. Although the amount remained 
nominally the same, the conveniences and necessaries of life 
had, he said, since 1742 doubled and the more expensive 
things even trebled in price. He also complained of the 
manner in which he was paid. From these difficulties he 
hoped they would relieve him. This appeal, however, fell 
on unwilling ears.^ Almost a year later he made another 
pointed speech to the house in which he said that, although 
he had sent message after message to it respecting his 
salary, the treatment they had received had caused him to 
make up his mind not to make " another fruitless attempt 
at the public expense," but to lay the matter before the king. 
Finally, in July 1753, as a result of repeated messages, the 
assembly passed a vote allowing him to draw his salary 
quarterly. In order, too, that he might receive the true 
value of his grant, a committee of the two houses was ap- 
pointed to ascertain, from time to time as his salary became 
due, the actual depreciation of the bills of credit." 

II1C- f.'dlrnvii-ig Ir.ntiarv, Wentworth called attention to 



^ Piovincia! Papers, vol. v. pp. 515. 855. 
^ Ibid., vol. V, pp. 217, 905. 



293 j THE EXECUTIVE m 

the fact that the last period for calling in and sinking the 
£25,000 loan had passed, so that the part of his salary based 
upon that as a fund could no longer be drawn. That be- 
ing so, he requested them to make suitable provision for 
the payment of this part of his allowance/ 

In May, 1754, the house voted him £550 new tenor " for 
his more honorable and ample support " during that year. 
On another occasion it made him a grant of £250 new 
tenor, but this he declared he could not accept, as it was by 
no means the equivalent of £250 proclamation money. He 
therefore asked that a sufficient grant be made him for the 
time past and that the intention of the acts settling his 
salary be complied with. After some discussion the house 
voted that the part of his salary arising from the £25000 
loan did not extend beyond the duration of the act, and that 
the payment of that sum annually during the continuance 
of the act was a full discharge of the grant named therein." 
Notwithstanding this, however, the governor again and 
again pressed the house to provide a satisfactory fund for 
this part of his salary, but the only reply he received was 
that it did not extend beyond the duration of the act."'* On 
several occasions also, when grants were made, he found it 
necessary to refuse them because they were inadequate. ■* 
On the other hand, it is sometimes impossible to tell whether 
he accepted certain grants, because he did not always in- 
form the house of his action on certain votes. 

In November, 1758, he informed the assembly that, on 
account of the " constant depreciation of the paper money 
and the unprovided state of the treasury," the province was 

^ Provincial Papa s, vol. vi, p. 233. Januarjs I7.'?4. 

'■Ibid., vol. vi, pp. 2,21, 383. 

^Ibid.. vol. vi, pp. 674, 692, 695, 751, 759, passim. 

^ Ibid., vol. vi, pp. 676, 68r, 730, 744; vol. v. p. 27T. passim. 



112 NEJV HAMPSHIRE AS A ROYAL PROVINCE 



[294 



in arrears to him on the excise alone to the amount of four 
years salary. Upon hearing this, the house passed a vote 
granting him £3515:12:6, the equivalent of three years 
salary. A little later it gave him £585 : 18: 9 new tenor in 
full for the period from December, 1758 to June, 1759. 
The following year, they made him a similar grant but the 
governor, not considering it equal to £250 proclamation 
money, desired a further allowance. In June, 1761, after 
again reminding them of his allowance, he was granted 
£1 171 : 17 : 6 new tenor for the year then ending.^ 

In January, 1762. he again called attention to the in- 
struction relating to the settlement of a permanent and 
fixed salary and declared that it was with no small concern 
that, for twent)' years past, an extreme backwardness had 
appeared in preceding assemblies to provide amply for his 
support, insomuch so that at the present time there was 
no house or other conveniences provided for his reception. 
In their reply the representatives begged to be excused 
from accounting for any backwardness former assemblies 
had shown in providing amply for his support. As for 
themselves, however, they would readily grant him as much 
as the province was able to give at that difficult season. Be- 
fore, however, anything was done, a dissolution was or- 
dered." 

When the next assembly convened, the governor again 
called attention to the salary question and again urged 
compliance with the royal instructions on that subject. 
Since June 12. 1761, he declared that he had received but 
£125 proclamation money towards his support. There- 
upon, both houses voted him £1250 new tenor. This was 
followed the next year by a similar amount, considered 

'^ Prov'mcial Papers, vol. vi, pp. 692, 696, 716, 739, 744, 791. 
"^ Ibid., vol. vi, pp. S02, 803, 807. 



295] THE EXECUTIVE no 

equivalent to £200 sterling, while for the two remaining 
years that he was at the head of the government he re- 
ceived £250 proclamation money a year/ 

Besides his salary, Wentworth also received something 
for house-rent. Such grants, however, were temporary, 
sometimes covering only a single year, sometimes a num- 
ber of years. Then, too, the amount granted varied con- 
siderably, depending solely on the will of the assembly. 
In 1747, upon the expiration of a five year grant, the gov- 
ernor suggested that, as the house in which he lived was in 
need of considerable repairs, a commiittee should be ap- 
pointed either to secure some other house for him or have 
the necessary repairs made to his present residence. 

In consequence of a report made by such a committee, the 
house voted that it would be " for the honor and interest of 
the province either to build or purchase a province house 
for the residence of the governor hereafter, provided a 
wav and method can be found for effecting the same with- 
out prejudice to the government." " In April, 1753, 
Wentworth informed the assembly that, since that was " the 
most advantageous season to make provision for a pro- 
vince house," he hoped they would embrace it, that neither 
the government nor himself niight be put to any further 
inconvenience on that account, as the money heretofore 
granted for rent and repairs fell far short of what it was 
intended for and what was absolutely necessary to be ex- 
pended for his accommodation. Thereupon, the assembly 
voted him £168:15 new tenor in full for house-rent and 
repairs from December, 1748 to June, 1753.'^ The follow- 
ing year it allowed him £50 for the same purpose. In 
February, 1754 he again urged that body to provide a 

^ Provincial Papers , vol. vi, pp. 826, 828, 878; vol. vii, pp. 79, 103. 
^Ibid., vol. V, pp. 157, 159,575,614,623, 879. '^'Ibid.,\o\. vi,p. 204. 



114 NEW HAMPSHIRE AS A ROYAL PROVINCE [296 

proper house for his accommodation, for want of which 
he had been at an extra expense for the last twelve years, 
the grants being far too small. In response to this ap- 
peal, a committee of the two houses was appointed to put 
his residence in " tenantable repair," and soon afterwards 
another was named to inquire whether it would be better 
to build or rent a house for him/ In a short time the 
committee reported that the owners wanted £9000 old tenor 
for the house in which the governor was then living. 
Thereupon the house voted to give £1750 new tenor for the 
property, but a little later it agreed to give £2000 provided 
some method could be devised for raising the money.^ 

Although nothing came of it at this time, the matter was 
not dropped. In April, 1757, another committee was ap- 
pointed to buy or build a province house. This body, how- 
ever, neglected to obey instructions, so that another vote 
was passed, commanding it " to proceed immediately to 
execute the power communicated by said vote." But ap- 
parently nothing was accomplished, for in 1762 the gov- 
ernor declared that no house or other conveniences had 
been provided for him. " It is true," said he. " I have had 
grants from time to time for houre-rent, but it is also true 
that they have been insufficient to procure accommodations 
even for a private gentleman." This, however, brought 
no further response except a grant of £100 new tenor for 
house-rent.' 

To the end of his administration, notwithstanding his ap- 
peals, he had to be content with the grants which he re- 
ceived from time to time from the assembly and which not 
only varied in amount but were very insufncient for the 
purposes intended. Sometimes the amount allowed was 

^ Provincial Papers, vol. vi, pp. 261, 271. 

"^ Ibid., vol. vi, pp. 280, 282. '^ Ibid., vol. vi, p. 716. 



297] ^^^ EXECUTIVE 1 1 



:) 



£ioo; again it was £75; again only £50 or even smaller 



sums/ 



From all this it is evident that neither the salary nor 
the house-rent allowed the governor was sufficient to sup- 
port him either in that style or with that dignity which 
his excellency thought befitted his station. On the other 
hand, it is doubtful whether in view of the financial drain 
upon the resources of the province, occasioned by the neces- 
sities of defense and the expensive campaigns of the last two 
colonial wars, the province was, for the greater part of the 
time at least, in a position to grant him more than it did. 
In addition to the salary and the house-rent received from 
the assembly, and the fees and perquisities attaching to his 
office, Wentworth also received from the Crown £200 a 
year for the services he rendered as Surveyor General of 
his Majesty's VVoods.^ As John Wentworth, his nephew 
and successor in office, was also honored with a commission 
as Surveyor General of his Majesty's Woods, he likewise 
received £200 a year for acting in that capacity. 

In his first message to the assembly, the latter, who had 
assumed office in June, 1767, recommended in accordance 
with the king's wishes that proper steps be taken to pro- 
vide " an adequate, honorable and permanent salary for his 
Majesty's governor in sterling or proclamation money, 
which from its fixed value would not disappoint their in- 
tentions or render them uncertain." ^ After making him 
a present of £300 to help defray the expense of his voy- 
age from England, the representatives acknowledged " the 

^Provincial Papers, vol. vi, pp. 264, 614, 682, 717, 828, 878; vol. vii, 
pp. 43, 103, passim. 

^Nezv Hampshire State Papers, vol. xviii, p. 566. It is said that 
Wentworth paid Col. Dunbar, who held that office before him, /2000 
for his resignation. 

^Ibid., vol. vii, pp. 8, 125, 126. 



Il6 NEW HAMPSHIRE AS A ROYAL PROVINCE [298 

propriety and reasonableness " of granting him a salary in 
money of a fixed value and declared that the lawful money 
of the province was then " wxll ascertained and fixed," as 
a gold and silver currency had been established. Some 
weeks afterwards they made him a grant for one year of 
£700 in lawful money, to be paid out of the fund in the 
treasury. To this the council made several objections. It 
reminded them that instead of being permanent, it was for 
one year only; that the fund from which it was to be paid 
was uncertain and that it differed widely from the grants 
made to former governors. The representatives, however, 
hesitated to make his salary permanent, because it was re- 
ported that governors were to be paid by the British gov- 
ernment out of the revenue arising from the customs. In 
case, however, the scheme reported fell through, they were 
willing to apply the excise to the governor's allowance as in 
the past or provide in some other way for his salary. 
Thereupon, the council declared that, although it had said 
that there was some prospect that the governor's salary 
would be paid out of the customs, still the order providin 
for such a salary would be so worded as to prevent the gov- 
ernor from receiving an}' reward from the assembly. 
Further, the council said that it was still of the opinion that 
the allowance should be established by an act of the legisla- 
ture and not by a mere vote of both houses, and should 
be granted during the governor's continuance in ox^ce and 
not for a single year only. In reply the representatives 
said that, as there were fewer members then present than 
when the vote concerning the salary was passed, they could 
not, according to their rules, reconsider the m.atter at that 
time.^ 

^JVew Hampshire State Papers, vol. vii, pp. 130, 133, 145. One of 
the rules adopted by the house provided, " that no vote that is passed in 
his house shall be reconsidered by a less number." Vol. vii, p. 63. 



% 



299] THE EXECUTIVE H^ 

A few days later, after the governor had again called 
their attention to the matter, they voted him an annual 
salary of £700 during the period of his administration, the 
money to be paid out of the excise, which was to be farmed 
out by collectors appointed by the legislature. As ob- 
jection was made to the appointment of collectors by the 
legislature because it infringed upon the prerogative the 
council struck out that clause in the vote, whereupon the 
house voted not to pass the grant unless that clause was in- 
cluded, and sent a message to the governor to the effect that 
it could not see its way clear to pass the vote as it stood/ 

When a new assembly met, in May, 1768, the governor 
again brought up the subject of a permanent salary, where- 
upon the house again suggested the same method of pro- 
viding for it. Now, the governor, after a conference, said 
that he would give his assent to such a measure, provided 
the " act for appropriating and collecting the excise . . . 
should be drawn with such caution as not to appear to in- 
fringe on the prerogative." A bill was accordingly pre- 
pared along the lines suggested, but when the house put the 
question, whether or not the governor's salary should be 
settled on him during his administration, if the excise bill 
should pass as it was then drafted, it was decided in the 
negative. ■ Thereupon, the house voted to give the gov- 
ernor a salary of £700 lawful money for one year. From 
this time on, the grants were always temporary in character, 
as in most of the other provinces, and whenever the gov- 
ernor received a salary, the amount was fixed at £700 for 
the year. Although Wentworth complained at times of 

^New Hampshire State Papers, vol. vii, pp. 146, I47- 
^Ibid., vol. vii, pp. 45a, 173, i77. I79- Belknap says the house was 
equally divided, whereupon the speaker, who had the right to vote in 
case of a tie, voted against a permanent salary. See Farmer, Belknap, 
vol. i, p. 341. 



Il8 NEIV HAMPSHIRE AS A ROYAL PROVINCE [300 

the inadequacy of his salary, his complaints availed him 
nothing. Thus on one occasion, namely in the spring of 
1770, he said that ever since his entrance upon the gov- 
ernment, his salary had fallen far short of his actual family 
expenses. In order, therefore, that he might live more in 
conformity with tlie sum granted, he had that year deemed 
it best to retire to his estate in the country, being desirous 
rather of suffering in his own private fortune than to " have 
an adequate public income from any other source than 
the voluntary justice and generosity of the people of the 
province, whose individual manliness of spirit " he knew 
and honored.^ 

On several occasions the governor also received allow- 
ances for special services. Thus, in 1770, he received £60 
for the extraordinary services rendered and expenses in- 
curred in attending a special court of admiralty at Boston. 
This amount he characterized as " a small paring " and 
the object of his pity. Again, in 1771, he received £100 
for " sundry extra services rendered the province," and in 
January, 1772, he was presented with £500 " in grateful 
acknowledgment of his eminent services." 

In addition to his salary and these occasional grants. Gov. 
Wentworth also received grants for house-rent. At first this 
amounted to £67 a year, but during the last years of his 
administration it was £ioo." This too appears to have 
been insufficient for the purposes intended, for the governor 
complained that the house was often in need of repairs 
and was not such a residence as befitted the representative 
of the Crown. Some steps w^ere also taken toward buying 
or building a province house but, although commissioners 
were appointed to consider the matter and reports were 

^ Ne7v Hampshire State Papers, vol. vii, pp. 2.S7, 305- 
"^Ibid., vol. vii, pp. 130, 179, 2.27, 246, 257, 27Q, 303, 



301] THE EXECUTIVE Hf^ 

made as to the site, the building and the cost, no sub- 
stantial progress had been made prior to 1776, when the 
Revolution swept away the royal government.^ 

In matters connected with the government of the pro- 
vince, the governor relied upon the council for assistance 
and support. The members of this body were the gov- 
ernor's sworn advisers. As such, they constituted a coun- 
cil of state. But the council was not merely a council of 
state. It acted in other capacities also. When the legis- 
lature was in session, it formed the upper house. Then, 
it was a constituent, an indispensable part of the law- 
enacting body, possessing co-ordinate power with the lower 
house and the governor. With the latter, it formed the 
highest court of appeal in the province. Usually, also, the 
members were justices of the peace and were empowered to 
decide all cases where the amount involved was less than 40 
shillings. As an advisory board, the council corresponded 
to the Privy Council in England; as a branch of the legis- 
lature, it had its counter-part in the House of Lords. 

Here it will be considered simply as a council of state. 
As such, its chief duty was to assist the governor with ad- 
vice " in the management of the affairs and the concerns of 
the government." Upon all important questions the gov- 
ernor was expected to consult the councillors. Upon some 
matters, as has been already noticed, he was compelled, by 
his instructions, to ask them for advice, and, in some cases, 
even to receive their consent before taking action. The 
council, therefore, could, and, in fact, did sometimes exer- 
cise a restraining influence upon the executive. 

At times, its pov^ers were much greater than usual. This 
was the case when both the governor and the lieutenant 
governor were absent and there was no commander-in-chief 

^ New Hampshire State Papers, vol. vii, pp. 265. 266, 311. 



220 ^V£W/ HAMPSHIRE AS A ROYAL PROVINCE [^o2 

dered, Mason, who was then a member of the New Ene- 
land council, resolved to take advantage of it. Accordingly 
steps were taken with this object in view but before anything 
of importance was accomplished, he died. 

After Mason's death, in 1688, there was a lull in the struggle 
for the ownership of the lands of the province, but in a few 
years the contest was renewed. By that time, however, 
his heirs had sold the right and title to the province which 
he had bequeathed to them. Having entered into an agree- 
ment with Samuel .Mien, of London, to sell to him all their 
possessions in New England,' Mason's sons, John aaa 
Robert, for the j>urpose of docking the entail, sued out a fine 
and recovery in the Court of King's Bench in England, (the 
lands in question being considered by a fiction of law as ly- 
ing in England in the parish of Greenwich). This done, 
they formally transferred to Allen their title to the prop- 
erty, for the sum of £2750 sterling." In order to 
strengthen his case, Allen procured the insertion, in the new 
charter which was granted to Massachusetts late in 169], 
of a clause which reserved to him whatever right and title 
he might have acquired from the Masons to any of the 
lands within the confines of that colonv. Moreover, as the 
towns north of the Massachusetts line were at the time un- 
der the protection of the Bay government, he deemed it 
prudent for the protection and advancement of his interests 
there to do what he could to have New iHampshire again 
erected into a royal province, of which he was to be the gov- 
ernor.'' In this he was successful, for when it was finally 
determined to issue a royal commission for the government 

' Neiv Hampshire State Papers, vol. xxix, p. 143. Mason died at 
Esopus on the Hudson, while visiting with Gov. Andros the New York 
settlements. 

'////■(/., vol. xxix, pp. 145, 148, 155. Date, April 27, 1691. 

'Record Ofticc, Colonial Entry Book, vol. Ixvii, pp. 182, 183, 193. 



403] THE LAND SYSTEM 221 

of the four towns, he was designated as the governor, while 
his son-in-law, John Usher, was appointed lieutenant gov- 
ernor with power to execute the commission in his absence. 

Although some were disposed to take leases of Allen, the 
majority of the inhabitants refused to have any dealings 
with him respecting their estates. For some years the 
country was so involved in war that the new proprietor did 
not deem it advisable to prosecute in the courts his claims 
to the soil. After peace had been restored, however, and the 
province had recovered somewhat from the distressing ef- 
fects of the war, suit ^ was instituted against Colonel Rich- 
ard Waldron. who was one of the principal opposers of the 
Masonian title. The verdict being against him in the pro- 
vincial courts, Allen moved to have the case taken on appeal 
to the king, but the judges, following the precedent set by 
Massachusetts, refused to allow it. When word was re- 
ceived in England that the province had declined to admit 
appeals to his Majesty, the king was highly offended, and 
through the Board of Trade he took occasion to inform the 
Earl of Bellomont, who was then governor not only of New- 
Hampshire but of Massachusetts and New York also, 
that it was a matter he ought to watch very carefully against 
in all his governments. 

After drawing up a petition of appeal to the king, Allen 
sent Usher, to whom on the i^th of October, 1701. he had 
mortgaged one-half of the province for £1500, to England 
to act in his behalf and to solicit again for himself the 
lieutenant governorship of the province. Usher's departure 
seems to have alarmed the leaders of the opposition," which 
finally decided to send over an agent to act in the interest 

'This was in 1700. 

'Usher had been displaced in i6g6 by Partridge as lieutenant gov- 
ernor. Record Office, Board of Trade Papers, Neiu England, vol. xi, 
bundle M, p. 29; New Hampshire State Papers, vol. xxix, p. 159. 



122 A'^^f' HAMPSHIRE AS A ROYAL PROVINCE [304 

quired to send over the names of a certain number of per- 
sons, from whom the Crown might make its choice. Thus, 
indirectly, the governor had it in his power to fill the coun- 
cil, as vacancies occurred, with men in whom he had the 
greatest confidence and on whom he could rely to carry out 
any policy which he might elect to pursue. Sometimes, 
through the influence of the opposition, men were appointed 
who were strongly opposed to his policies. Sometimes, to 
strengthen their hold upon the council, governors gave the 
members and their friends offices of profit which were with- 
in his gift. As a result, offices were accumulated in the 
hands of their supporters. 

For the transaction of business, the commission declared 
that three councillors were sufficient but the instructions re- 
quired that no action should be taken except " upon extra- 
ordinary emergencies " imless five were present.' That 
business, however, might not suffer for the want of a due 
number of councillors, it was provided that whenever, for 
any reason, the number of qualified councillors, residing 
within the province was less than seven, the governor should 
make enough provisional appointments to m.ake the total 
number seven. The individuals thus appointed had the same 
powers and duties as those who were regularly appointed, 
and they held office either until formally displaced by the 
king, or until the council through the appointment of others 
in England had again seven members. Often the council 
meetings were very poorly attended, so that at times it was 
impossible to transact business. This was a frequent cause 
of complaint. Dudley was so persistent in his complaints 
that the Board of Trade at last issued an order, strictly 
commanding the members to attend. Instructions were 

^Provincial Papers, vol. i. p. 435: vol. ii, pp. 58. 63, 582; vol. vi, pp. 
909, 913: vol. xviii. pp. 27, 2S2. 



305] ^^^^ EXECUTIVE 123 

also issued with the view of obviating this difficulty, but 
they failed to produce the effect desired/ This was due 
to several causes. In the first place, for a great many years, 
it was difficult, in so sparsely settled a province, to find 
suitable men who would accept the position. Moreover, 
councillors received nothing for the'r services as the gov- 
ernor's advisers. Consequently, whatever they spent came 
out of their own pockets. Then, too, some, who were 
willing to accept the position, would not go to the expense 
of even paying for their warrants. Thus, in May 1708, 
Dudley declared that three persons who had been approved 
as councillors refused to do this, saying that the service was 
hard and no manner of benefit to them. In March, 1750, 
Governor Wentworth told the Board of Trade that, as it 
cost those councillors who lived any distance from Ports- 
mouth, twenty shillings every day they attended, besides 
their time, it was difficult to find persons who would pay 
the fees necessary to secure their mandamus. Conse- 
quently, before recommending any for appointment, he had 
to have the assurance from them that they would pay the 
necessary fees. In 1761 Theodore Atkinson, when he 
heard that John Thomlinson had gone to the trouble of 
having his mandamus as councillor renewed as was re- 
quisite after the death of the king, said, " J am in doubt 
whether I should have done as much myself had I been 
WMth you, as I find much trouble and little profit in that 
office." " Much other testimony from others is to the 
same effect. 

The councillors enjoyed freedom of debate and freedom 
in all things to be debated in the council. They did not 
represent any particular section of the province, but were 

^Provincial Papers, vol. xviii, 533; vol. v, p. 503. 
''Ibid., vol. vi, p. 855; New Hampshire State Papers, vol. xviii, pp. 
398, 625. 



124 ^^^^ HAMPSHIRE AS A ROYAL PROVINCE [306 

supposed to act for the best interests of all. Though the 
governor usually recommended and the king generally ap- 
pointed persons from different parts of the province, this 
was by no means compulsory. Sometimes it happened that 
the majority were residents of one town. Naturally this 
was a thing to be avoided, for not only did it seem to give 
one section a great advantage over the others, but, by seem- 
ing to favor the interests of one section more than an- 
other, it engendered strife and bitter feeling'. When advice 
was required immediately and prompt action was necessary, 
as, for example, during a time of war, it was a distinct 
advantage to have a number of councillors living near the 
seat of government, but the trouble arising in New Hamp- 
shire over this matter was due chiefly to the fact that 
Portsmouth, where the gOA^ernor lived, was a seaport town. 
It was, therefore, felt that the commercial interests of the 
country were being favored at the expense of the landed in- 
terests. When several old councillors were laid aside and 
six new councillors, all from Portsmouth, were appointed 
to the council board in 1716, the lower house complained 
that it was impossible to pass a bill for raising a revenue 
by an impost tax because the council, which consisted prin- 
cipally of merchants and traders, refused to agree to such 
a measure. Consequently, they said that the burden of the 
government fell wholly upon the farmer and laborer.^ 

Althougli the king in tlie instructions to each governor 
named the persons who were to serve as councillors, he did 
not appoint each time an entirely new set of men. As a 
rule, a large number who served under the preceding exe- 
cutive were reappointed. From the fact that the coun- 
cillors could be removed at pleasure by the king and be 
suspended from office for just cause by the governor, one 
might conclude that they did not hold office for any great 
^Provincial Papers, vol. iii, pp. 669, 675, 678. 



307] THE EXECUTIVE 12 



^ 



length of time. As a matter of fact, however, the tenure 
of office was not so insecure as at first sight appears. The 
number suspended by the various governors was very small. 
By far the greater number suffered suspension during the 
administrations of lieutenant governors Cranfield and 
Usher. After Benning Wentworth's entrance upon the 
government only one was suspended.^ Moreover, the ap- 
pointments were not as frequent as would be expected. 
During the entire period of the provincial government, a 
goodly number remained in the service for a long term of 
years; many died in office; some emigrated to other pro- 
vinces ; some voluntarily withdrew from the council board ; 
a few that were appointed never took the oaths of office 
while still others were dropped when new governors were 
appointed." 

As a rule, the councillors were the leading inhabitants of 
the province. A large proportion of them were men who 
had held positions of more or less prominence in their re- 
spective towns or under the provincial government. Many 
were quite prominent in the business world, while a consider- 
able number had served in the lower house of the legislature. 
Most of them, therefore, were thoroughly schooled in the 
affairs of government and from experience were well able 
to give the governor excellent advice and render him ma- 
terial ass-stance. Usually they were men of wealth, abil- 
ity and influence, men who commanded the confidence of 
the people and men who were highly esteemed and re- 
spected. Being, for the most part, conservative, as well as 

^New Hampshire Historical Collections, vol. viii, pp. 319, 324, 327. 
331, 338, 343, 348, 357, 361; Provincial Papers, vol. v, p. 611. There 
were 54 councillors in all appointed. The average age of each at death 
was 70, 

"^ Ibid., vol. i, pp. 371, 443; vol. iv, p. 18; vol. vi, p. 628; vol. vii, pp. 
3, 6; vol. v, preface viii; Laws of New Hampshire, vol. i, p. 621. 



126 NEIV HAMPSHIRE AS A ROYAL PROVINCE [308 

influential, they greatly strengthened, as a body, the posi- 
tion of the executive and lent an air of dignity to that 
office. The relations, however, which existed between the 
two, were not always as harmonious as could be desired. 
During the administrations of Cranfield, of Allen, and of 
Usher there was always more or less friction and strife. 
Under Belcher the council was divided into two distinct 
factions, very hostile to one another, the one zealously 
favoring the governor, the other working hard against 
him. Moreover, the question respecting the powers which 
the lieutenant governor might exercise during his superior's 
absence was in the main responsible for the strained rela- 
tions existing between the board and lieutenant governors 
Vaughan and Dunbar. 

During the administrations of the last two Wentworths 
there was a growing tendency to fill the council with men 
who were related to the executive either by blood or by 
marriage. Indeed, in 1772, almost all the councillors 
were relatives of the governor. They and their connec- 
tions formed a powerful clique. Peter Levins made this 
one of the matters of his complaint when he presented his 
charges against the governor to the king. The Sons of Lib- 
erty also realized what power they wielded, for in a letter 
to those at Boston ^ they said. *' We cannot depend on the 
countenance of man_Y persons of the first rank here [in 
Portsmouth] for royal commission and family connections 
influence the principal gentlemen among us, at least to keep 
silent during these evil times." 

For many years after the establishment of the royal gov- 
ernment, the business done by the governor and council was 
considerable in amount and varied in character. Tables 
of fees were established, offices were created, petitions were 

^ Provincial Papers , vol. vii, p. 338; Fanner. Belknap, vol. i. p. 340, 
note. 



309] ^^^ EXECUTIVE 127 

received and acted upon, troops and scouts were ordered 
out and paid, and directions given concerning their move- 
ments and their maintenance. Men and ships were im- 
pressed, officers were commissioned, oaths were adminis- 
tered, proclamations issued, ordinances pubHshed, pardons 
granted, town bounds surveyed and settled and the forti- 
fications and frontier garrisons inspected and put in a 
proper posture of defence. 

The council's advice was also had upon many matters af- 
fecting the interests or welfare of the province. Advice 
was given with respect to calling, proroguing and dissolv- 
ing assemblies, with regard to adjourning the courts, with 
reference to making expeditions against and treaties with 
the Indians, with respect to appointing and removing offi- 
cials, with regard to approving the measures of the lower 
house and with respect to a great variety of other matters 
as they presented themselves. 

As time passed, however, the business transacted ma- 
terially diminished. The council met less often and when 
it did meet, its sessions were much shorter. Though the 
powers of both the governor and the council as set forth 
in the commission remained the same throughout, they were 
in reality being limited and seriously curtailed, in conse- 
quence of the continual encroachments of the assembly and 
the growing consciousness of its powers, resulting largely 
from its control of the purse. Throughout the provin- 
cial period, the tendency was for the lower house to en- 
croach further and further upon the prerogative, to re- 
strict more and more the governor and council in the exer- 
cise of their various powers and privileges, and, where 
possible, to deprive them of the actual enjoyment of the 
rights and privileges conferred upon them by his Majesty's 
commission. But how all this came about will be more 
carefully considered in the chapters that follow. 



CHAPTER III 

The Legislature 

In the constitutional history of New Hampshire during 
tlie colonial period the legislature played a far more im- 
portant role than the executive and its influence was much 
more extensive and far-reaching. At first, inasmuch as 
the various settlements were founded by different parties 
and not by one great trading company or corporation, there 
was no general legislature or central law-enacting body for 
the whole. In fact, until Massachusetts extended her juris- 
diction over the New Hampshire towns, the latter were 
separate and distinct. Each was independent of the other 
and each managed its own affairs. Th.en. however, they 
virtually became an organic part of that colony and were, 
in the main, subject to the same laws. B}^ the terms of 
the union, the inhabitants along the Piscataqua were al- 
lowed two deputies in the General Court at Boston but the 
following year, the Court passed an order that each town 
on the river should send one deputy. Furthermore, it voted 
to suspend the religious requirement, confining the fran- 
chise to church niembers only. In other words, the ec- 
clesiastical restriction which had been so rigidly enforced 
in Massachusetts was not to apply in New Hampshire.^ 
Hampton, which had been settled under the auspices of 
the Bay government and was always considered by the lat- 
ter as a Massachusetts town, had received the right to send 
a deputy to the General Court in 1639. when it was incor- 

"^ Provincial Papers, vol. i, pp. 158, 159. 161. 
128 [310 



3ii] THE LEGISLATURE 129 

porated as a town. Of the four towns within the limits of 
Mason's grant, Exeter was the only one which was never 
represented in the General Court of Massachusetts. The 
others continued to enjoy the privilege of representation 
in that body until New Hampshire was created a royal 
province in 1679.^ 

Then, in the royal commission which was issued for the 
government of the country, provision was made for a separ- 
ate legislature for the New Hampshire settlements. In 
that instrument it was provided that a general assembly 
should be called within three months after the installation 
of the president and council," and it was stipulated that, in 
issuing the writs of election, such rules and regulations 
should be observed, not only as to the persons who were to 
choose their deputies but also as to the time and place of 
meeting, as the president and council should judge were 
most convenient. Furthermore, the king declared it was 
his intention to continue to convene them in the manner 
prescribed until by inconvenience arising therefrom he 
should have cause to alter the same.^ In obedience, there- 
fore, to the royal commands, writs for the election of as- 
semblymen were issued well within the time set and on the 
1 6th of March, 1680, the delegates chosen met in Ports- 
mouth, ready to transact business.* Thus was the first 
general assembly ever held in New Hampshire called into 
being. 

When, a few years later, the regular type of royal gov- 

'^ Provincial Papers, vol. i, p. 369. Gives list of deputies sent to the 
General Court from 1641 to 1679. 

'■Ibid., vol. i, p. 379. 

^ Ibid., vol. i, p. 380. 

^ Provincial Laws of New Hampshire, vol. i, pp. 9, 11; New Hamp- 
shire State Papers, vol. xix, pp. 655 et seq. 



130 NEIV HAMPSHIRE AS A ROYAL PROVINCE [312 

ernment was introduced, similar provision was made for 
an assembly, for, in the commission, then published, the 
executive was given full power and authority, with the 
advice and consent of the council, to summon as circum- 
stances required general assemblies of the freeholders in 
such manner and form as might be found " most con- 
venient for our service and the good of our said province 
until our further pleasure shall he known therein.'' ' 

In the commissions which were granted to President 
Dudley and Governor Andros for the government of New 
England, no mention was made of an assembly or other 
popular body. During the former's administration, how- 
ever, the president and council expressed themselves in favor 
of an assembly by declaring that his Majesty's service, the 
interests of the government and the prosperity of the pro- 
vince would be advanced by the establishment of a well- 
regulated assembly to represent the people in making the 
necessary laws and levies.^ In both of the commissions 
which Andros received the legislative powers of govern- 
ment were vested solely in the governor and council ^ but 
in 1692 the privilege of a local assembly was restored ■* 
and thereafter always conceded in the royal commissions. 
It is, therefore, evident that the Crown, which alone had 
the power to call an assembly into being, authorized, at 
the very beginning of the period of royal control, the call- 
ing of a general legislative body for the province and in- 
sured the continuance of such a body in the province by in- 
sorting similar clauses in every commission that was issued 

^ Provincial /^apers, vol. i, p. 4,36. 

'Laws of New Hampshire, vol. i, p. 112, June 2, 1686. 
•'■Ibid., vol. i, pp. 148, 227. His first commission is dated June 3, 
1686; his second, April 7, 16S8. 
'■Ibid., vol. i, p. 501. 



313] THE LEGISLATURE 13J 

from the time when Samuel Allen was appointed governor 
in 1692. 

In the work of legislation the governor was an important 
factor. Indeed the executive formed a constituent part of 
the law enacting body, for all laws, statutes and ordinances 
had to receive his approval before becoming effective. 
Although in New Hampshire he was never able to initiate 
legislation, still he could in various ways influence the 
work of legislation. Usually he embraced the opportuni- 
ties which presented themselves, when the assembly was in 
session, to lay before the two houses such matters as de- 
manded their attention and to impress upon them the de- 
sirability or necessity of taking certain action or making 
certain changes. At such times, too, he was wont to make 
such suggestions, recommendations and proposals as he 
deemed necessary or expedient. In many instances these 
would be acted upon by the legislature and adopted either 
wrholly or in part and several cases might be cited where 
his advice on certain questions was even sought. Then, 
again, it was through him, as the representative of the king, 
that the assembly learned what the wishes and demands of 
the Crown were in matters respecting legislation and often 
it depended largely on the influence he exerted over the 
assembly and upon his tact and skill whether the royal com- 
mands would be fully complied with or not. As the royal 
agent, too, it was his particular business to see that all the 
laws, statutes and ordinances were agreeable to those in 
force in England, were conformable to the terms of the 
commission and instructions and did not encroach upon 
either his own powers or the prerogative of the Crown. In 
such matters, he could enforce obedience by simply with- 
holding his approval until the objectionable features were 
eliminated, for no bill, statute or ordinance could be passed 



132 NE^V HAMPSHIRE AS A ROYAL PROVINCE [314 

without his approval and there was no way of over-riding 
his veto. By exercising the veto power, he could prevent 
the passage of any laws that he disliked or regarded as 
prejudicial to colonial or royal interests. In this way he 
could, in theory, keep all legislation well within constitu- 
tional limits and agreeable to the prerogative; but very often, 
as will be clearly seen later, practical considerations, in- 
volving colonial or royal interests or both, prevented him 
from exercising the veto power. 

As in other colonies, the general assembly in New Hamp- 
shire soon assumed the bicameral form. Like its model, 
the parliament of Great Britain, it consisted of two houses, 
an upper house called the council and a lower one styled 
the house of representatives. The first corresponded 
roughly to the House of Lords while the second had its 
counter-part in the Llouse of Commons. The former was 
composed of men, chosen by the king, usually on the gov- 
ernor's recommendation and held office during the royal 
pleasure; the latter consisted of delegates, elected by the 
freeholders of the several towns. The upper chamber rep- 
resented the conservative element in the colony, the lower, 
the democratic or popular element. The council was re- 
garded as the bulwark of the royal or imperial interests, the 
house of representatives as the stronghold of local or 
colonial interests. Each, therefore, was a check upon 
the other. 

The council was the same body that acted as the Coun- 
cil of State. Most of the time it was the governor's advis- 
ory board, but during the sessions of the general assembly 
it was also a constituent part of the legislature, inasmuch 
as every law or ordinance had to pass the council before 
being sent to the governor for approval' As an upper 

^ Provincial Papers , vol. i, pp. 380. 434; vol. ii, pp. 58, .306, 368. 



315] THE LEGISLATURE 1 33 

house it did not possess that independence which character- 
ized the House of Lords and was never able to command 
that respect from the people or exert the influence which 
the lower house did, for it was apt to be, and in reality 
at times was, strongly influenced by the executive, who was 
not only instrumental, as a rule, in securing the appointment 
of the members, but possessed the power to suspend them 
for such reasons as he alone thought just and sufiicient. 
The qualifications for councillor, which the home govern- 
ment regarded as best suited to the requirements of the 
position, were if faithfully observed such as would insure 
the appointment, by the Crown, of loyal, conservative men 
of good character and business capacity. The governor 
was particularly commanded to recommend for appoint- 
ment such only as resided in the province, led upright lives, 
were well-disposed toward the government and were of 
good estates and not necessitous or much in debt. Upon 
men of that type, the king thought he could rely in further- 
ing his measures and supporting his policy. As time 
proved, the council was conservative in spirit and formed 
a bulwark against the ever-increasing aggressions of the 
lower house, while among its members were some of the 
best, most progressive and ablest men of the period. 

When organized as the upper branch of the legislature, 
it had the same officers as it had when sitting as a Council 
of State. Although the presiding officer made suggestions 
and proposed matters for the consideration of the house he 
did not vote on the questions at issue, except in the case of a 
tie, nor did he interfere in their deliberations, for both free- 
dom of speech and freedom of debate were guaranteed the 
members by royal instruction.^ A record of the proceed- 

^ Provincial Papers, vol. ii, p. 63. 



134 ^^^ HAMPSHIRE AS A ROYAL PROVINCE [316 

ings was kept by the clerk, who also had charge of the office 
files, the correspondence and all the papers that came be- 
fore the Board. As to compensation, the councillors re- 
ceived nothing for their services when sitting as a council 
of state, but were rewarded when officiating as members of 
the legislature, receiving, like the representatives, a per 
diem allowance while they were engaged on legislative 
business during the session of the general assembly. As 
the amount was not named in the commission and instruc- 
tions, it had to be determined by a vote of all the branches 
of the legislature, and, as each assembly had the right to 
name the amount to be paid, it could be changed. Gen- 
erally, however, the councillors received two shillings more 
a day than the members of the lower house. Later, when 
the settlements extended further into the interior, a small 
mileage allowance was always granted the members of the 
assembly and something was also allowed for the time con- 
sumed in coming to and returning from Portsmouth. 
They were also carried free over the ferries in their passage 
to and from the seat of government. Moreover, by the law 
of 1 718, no member or his servant could be arrested, sued, 
imprisoned, or in any way molested or compelled to an- 
swer to any suit, bill or complaint, cases of high treason 
and felony excepted, during the session or while on their 
way to or from the place where the session was held.^ 
According to an instruction issued later, " no protection 
from arrest was to be allowed a member further than in his 
person and that only during the session of the assembly." ^ 
The lower house represented the democratic element in 

^ Laws of New Hampshire, Edition of 1771, p. 61; New Hampshire 
State Papers, vol. xxix, p. 668; Provincial Papers, vol. iv, pp. 445. 

''Nero Hampshire State Papers, vol. xviii, p. 533. 



317] THE LEGISLATURE I35 

the government. It constituted the elective branch of the 
general assembly and was therefore more responsive to the 
public will. By the terms of the royal commission, its 
members were always to be freeholders, because that was 
"most agreeable to the custom of England." ' But what 
special qualifications those freeholders should possess in 
order to exercise the franchise, the authorities in the colony 
alone determined. 

When the summons for the lirst assembly was issued, 
the president and council designated by name the particular 
persons in each of the four towns who were entitled to 
vote for the deputies." At the same time, however, they 
declared that they did not intend that this should be con- 
sidered as a precedent or that it should extend further than 
the calling of this first assembly which, when convened, 
could, they said, make " such laws and constitutions in this 
and other respects as may best conduce to the weal of the 
whole." During this administration a law was passed 
providing that the deputies should be elected annually and 
that the assembly should be convened everv vear on the 
first Tuesday in March. The. right to vote was restricted 
to freeholders who had taken the oath of allegiance and 
were at least twenty-four years old and worth £20 in rate- 
able estate. Moreover, they were to be Englishmen and 
protestants, " not vicious in life but honest and of good 
conversation." During Cranfield's term of office the fran- 
chise was restricted to freeholders who were settled inhabi- 
tants in any town and who were at least twenty-one years 

^ Provincial Papers , vol. i, p. 436; vol. ii, pp. 58, 64, 306, 368. 

"^ Proviticial Laws of New Hampshire, vol. i, p. 11. 209 in all were 
named. Of these 71 lived in Portsmouth, 61 in Dover, 57 in Hampton 
and 20 in Exeter. At this time the population of the province was said 
to be 4000. 



136 ^E^^ HAMPSHIRE AS A ROYAL PROVINCE [318 

of age and possessed a rateable estate of £15/ By a law 
passed in 1699, the franchise was given to such free- 
holders only as possessed an income from real estate of 40 
shillings a year or held personal property to the value of 
£50 sterling." The same qualifications w^ere also required 
of the candidates for the assembl}^ From 1728 on, elec- 
tors were required to own real estate to the value of £50 
within the town, parish or precinct where the election was 
to be held. Furthermore, it was stipulated that those pos- 
sessing the required amount of real estate in the district 
could vote there, even if they did not live there. The power 
to decide whether a person was properly cjualified or not 
was vested in the moderator of the meeting and the select- 
men of the district, but if they could not agree the matter 
was to be determined by the house of representatives. 
Candidates for the office of assemblymen were from this 
time on required to own real estate to the value of £300. 

Now a word as to the manner of calling an assembly. 
Whenever it was necessary to summon an assembly, the 
governor issued a warrant to the sheriff, directing him to 
make out precepts to the selectmen of the Vcirious towns, 
designated by him, requiring them, to hold meetings of the 
freeholders for the purpose of electing persons to represent 
them in the general assembly. After the election was over, 
the various precepts were returned to the sheriff with the 
names of the representatives elect written upon them. 
Then, when the assembly met, they were laid before the 
house, which proceeded to examine them. If any were 
found to be defective, an order was passed that it should 
be corrected and returned in proper form. 

The oaths, mentioned in the commission and prescribed 

^Provincial Laws of New Hampshire, vol. i, pp. 25, 63. 
^ Provincial Papers, vol. iii, p. 217. 



319] THE LEGISLATURE 137 

by Parliament were then administered to all the members 
returned under the sheriff's precepts, generally by some of 
the councillors specially empowered by the executive for that 
particular purpose. By the English authorities this was 
regarded as important. In fact compliance was essential, 
for, according to the commission, a refusal to comply ren- 
dered " one incapable of sitting though elected," thus work- 
ing a forfeiture of the member's seat.^ 

After the oaths had been administered, it was custom- 
ary for the executive to order the representatives to choose 
a speaker and to settle their house." This the representa- 
tives at once proceeded to do, and, after choosing one of 
their own members as the presiding officer of their house, 
they informed the governor of their action. Usually the 
latter then called them up to the council board where, after 
signifying his approval of their choice, he delivered his 
speech which generally contained such news and announce- 
ments as he had received from the home government, to- 
gether with such suggestions and matters of interest rela- 
tive to the province as he thought fit to commend to their 
attention. This delivered, the house withdrew again to its 
own chamber, properly qualified to enter upon the con- 
sideration of such business as might regularly come before 
it. 

The governor's approval of the speaker became so regu- 
lar that people came to regard it as a matter of form only. 
Consequently, when Lieutenant-Governor John Wentworth. 
in April, 1728, signified his disapproval of the choice made 
by the house, the latter was greatly surprised and, as it was 
something new and entirely unheard of in New Hampshire, 

^ Provincial Papers , vol. ii, pp. 58, 306. 

* Ibid., vol. iii, pp. 42, 659; vol. iv, pp. 46, 283, passim. 



138 NEJV HAMPSHIRE AS A ROYAL PROVINCE [320 

the members wanted to know whether the royal commission 
gave him any such power. Being told it did. they re- 
quested and received a copy of the clause in question, which 
was the one giving the governor a negative voice in fram- 
ing and passing all laws, statutes and ordinances.^ After 
duly considering the matter, they informed his honor that 
the clause under review referred only to such rules, statutes 
and ordinances as had to pass all three parts of the legis- 
lature and could not " bv anv rational construction " be 
interpreted to mean the extension of the governor's power 
to negative their speaker. Moreover, they said that Bishop 
Burnet in his History ~ laid it down as '' a settled point in 
tlie House of Commons in the days of King Charles IT 
that the house had an undoubted right of choosing their 
speaker and that the presenting him to the king was only 
as a matter of course and not for approbation, which set- 
tlement," they continued, " we cannot learn has ever been 
questioned by any king or queen of Great Britain since." 
They, therefore, requested him not to insist upon disap- 
proving their choice.^ In reply, Wentworth told them that 
he would consider their request, if they would add that they 
did not question his right to negative their speaker. This 
the representatives declined to do, regarding it as an in- 
fringement of a privilege they had long enjoyed. How- 
ever, although insisting upon their right to choose whom- 
ever they desired for speaker, they concluded to present a 
new one, but in a preamble to the note they sent the gov- 
ernor, informing him of their action, they expressed them- 
selves in justification of their former choice. Thereupon, 
Wentworth signified his acceptance of their choice, though 

^ Provincial Papers , vol. iv, p. 485. 

-/did., vol. iv, p. 486. '^Ibid.. vol. iv, p. 284. 



32 1 ] THE LEGISLATURE I39 

expressing his disapprobation of the preamlile/ By this 
action the matter was really compromised. 

From this time until January, 1745, every speaker, 
chosen b}' the house, was promptly approved by the gov- 
ernor. Then the house refused to allow certain members, 
summoned from places hitherto unrepresented in the as- 
sembly, to take part in the election of the speaker. At 
first the governor declined to approve the speaker until 
all the members, summoned by the king's writ, had been 
allowed the privilege of voting in the election of that oi^cer, 
but, as the war demanded prompt action on the part of the 
assembly, he deemed it best to drop the dispute until the 
king's pleasure was known on the question of admitting 
the newly returned members. Accordingly,^ he signified 
his approval of their choice, that the business of the session 
might not be further delayed. 

In January, 1749, Governor Wentworth disapproved the 
choice of Richard Waldron, who was the leader of the 
opposition and his most bitter opponent. At the time, the 
house was also contesting the right of the governor to send 
the king's writ to whatever places he chose, and it had 
in fact refused to seat the representatives sent from the 
towns in response to those writs and would not allow them 
to take part in the election of the speaker. Accordingly, 
when Wentworth directed the house to choose another 
speaker, he also commanded those present both to seat the 
newly returned delegates and to allow them to participate 
in the election of a new speaker, for until they did take part 
in the election, no speaker would be approved by him. 
In reply, however, the representatives declared that they 

^Provincial Papers, vol. iv, p. 286. 

'^ Ibid., vol. V, p. 264. January, 1744-5. 



I40 ^^^EW HAMPSHIRE AS A ROYAL PROVINCE [322 

would neither choose another speaker nor admit the dele- 
gates concerned until the governor could produce suffi- 
cient evidence to support him in his demands. A few 
days later they sent up a message, containing such reasons 
and precedents as they thought justified them in their 
course. Among other things, they recapitulated what 
Bishop Burnet said in his History in regard to choosing 
a speaker and called attention to the fact that when the 
royal form of government was put in operation in Massa- 
chusetts,^ it was appointed that each town should have two 
representatives in the first assembly and " that they with 
the other branches of the legislature should determine what 
members sliould be afterwards sent to represent the country 
towns and places." Moreover, they referred to the custom 
hitherto in vogue in New Hampshire and resolved to ad- 
here to their " rights and privileges in both cases," until the 
governor could produce such evidence as would establish 
his claims. This, they declared, was their final determina- 
tion on these tv/o points. And, indeed, it was so, for, not- 
withstanding the repeated messages of the governor, the 
house refused to retreat from its position. It maintained 
throughout that the appointment of the speaker was not 
an act of government but a mere formality. On his part, 
the governor declined to yield on the ground that the two 
points involved were " prerogatives of the highest order 
and too delicate in their nature " for him to dispense with. 
Although the representatives declared themselves ready to 
proceed upon the business of the session and sent up votes 
for the Board's concurrence, the latter declined to pass upon 
them, declaring that it " did not look upon the house as 
qualified to pass any votes that needed the council's concur- 

^ Provincial Papers , vol. vi, p. 76. 



323] THE LEGISLATURE I41 

rence till they had chosen a speaker approved of by the 
governor." ^ As they would not yield, the assembly was 
kept under short adjournments and prorogations until the 
triennial act forced a dissolution.- As certain letters, later 
brought to light, clearly show, there was another reason for 
the remarkable conduct of the lower house than that which 
appears in the records of that body." It was a part of the 
plan, devised by Waldron and his most confidential fol- 
lowers to oust the governor. Their policy was to so em- 
barrass him and so discredit his administration both at 
home and in England as to render his removal easy and ex- 
pedient, but their scheme proved to be a dismal failure. It 
is probable that most of the delegates entered upon the 
contest fully convinced of the justice of the assembly's 
contention, and did not at first know of the scheme to oust 
the governor, as the plans were divulged only to Waldron's 
most confidential friends and agents. But it is clear that 
the scheme was known in England at least as early as No- 
vember 13, 1749, for John Thomlinson, the colony's agent, 
mentions it in a letter of that date.' The discovery of the 
evidence of the plot, therefore, robs the contest of that 
value, when viewed from a constitutional standpoint, whicli 
it would otherwise have had. 

The following September, a new assembly was convened 
but the contest was not renewed.^ After inquiring whether 
the governor had any instruction touching upon the mat- 
ter of choosing a speaker, the house proceeded to a choice, 
selecting Meshech Weare, who being acceptable to the 
governor, was promptly approved by him. 

^ Provincial Papers , vol. vi, pp. 109, iii et seq. 

^Ibid., vol. vi, p. 125. '^ Ibid., vol. vi, pp. 39-68. 

^Ibid., vol. vi, p. 891. 

^ Ibid., vol. vi, p. 129. Sep. 19. 1752. 



142 ^V£H/ HAMPSHIRE AS A ROYAL PROVINCE [324 

From this time on the point never became an issue 
again, for every speaker was approved by the executive. 
Yet, it is evident that Governor Wentworth still claimed 
the right to disapprove a speaker, for, when, in 1762, he 
was notified of the selection of Mr. Sherburne he wrote a 
letter to the secretary, who generally transacted matters 
for him whenever he could not be present in person, de- 
claring that he was greatly at a loss to know what to do in 
the matter ^ " on account of Mr. Sherburne's bad state of 
health and incapacity to attend on the business of the ses- 
sion, which may occasion many inconveniences to the gov- 
ernment ; notwithstanding which " he continued, " in the 
present situation of things, you are to inform the house 
that I a])prove their choice, though contrary to my own 
sentiments." 

Although the governor's right to disapprove the choice of 
speaker was challenged and contested, it is clear from the 
records that the lower b/ranch of the legislature was not re- 
garded as settled and in a position to transact business un- 
til the speaker was approved by the governor, and when the 
regular speaker was al^sent it was necessary to select a 
speaker pro tern before entering upon the discussion of any 
business." 

In addition to choosing a speaker it was customary also 
to select a clerk, in order that all the resolves, orders and 
votes might be duly entered and the records, books and pa- 
pers properly cared for. At first a member of the house 
regularly officiated in this capacity, but in November, 1721, 
it was decided to choose one who was not a member and 
p.'iv iiim a regular salary for his ser\'ices instead of the 

^ Provincial Papers, vol. vi, p. 801. 
"^ Ibid., vol. iii, p. 630. 



325] THE LEGISLATURE I43 

usual fees as had hitherto been the custom/ Accordingly 
the place was given to one, James Jaffrey by name, who 
continued to perform the duties of his office in a very satis- 
factory manner for a great many years, being regularly re- 
appointed by the different legislatures until January, 1745. 
when Henry Sherburne," one of the members from Ports- 
mouth, was called upon to act as clerk until another was 
chosen. In this capacity he continued to officiate until a 
new assembly was called in June, when, by a majority of 
one vote, the house elected, as clerk, Daniel Peirce, a non- 
member,^ who held the office for three years when he was 
succeeded by Meshech Weare, who represented Hampton 
Falls in the legislature. ■* From this time on no outsider 
was ever chosen, the clerk being regularly appointed from 
among the members of the house.'"' As compensation for 
his services, that officer, in addition to his regular pay as 
assemblyman, received a fixed per diem allowance during 
the sessions of the general assembly. 

From the year 1745," it is certain that prayer regularly 
formed a part of the opening exercises of the house, for in 
that year, the representatives voted unanimously " that the 
Rev. Mr. Fitch and Mr. Shirtleff be desired to attend upon 
this house every morning alternately and pray with them." " 
And regularly from that time on two ministers were ap- 
pointed by each successive house for that particular 
purpose, while some years later the council also named 

^ Provincial Papers, vol. iii, p. 834, note. 
"^ Ibid., vol. V, p. 263. '^ Ibid., vol. v, p. 324. 

^ Ibid., vol. vi. p. 71. 

'•'Ibid., vol. vi, pp. 131, 144, 688, 801; vol. vii, pp. 60, 171, 361, passive. 
* January, 1744-5- 

''Provincial Papers, vol. v, pp. 267, 326, 522, 584, 808, 911, passivi. 
The ministers received a regular allowance for this. 



144 ^^^ HAMPSHIRE AS A ROYAL PROVINCE [326 

a minister to conduct similar services in their house. ^ 

Although, in the early years of the provincial period, the 
representatives must have had some rules to guide them in 
properly regulating tlieir house, still none are found in the 
printed records until after Bellomont's arrival in 1699. 
Then a set of ten rules was adopted for the better regula- 
tion of the house. Some of these were re-adopted by suc- 
ceeding assemblies in substantially the same form in which 
the}' were tirst passed; others were afterwards amended in 
various ways, while a few were dropped from the list en- 
tirely and new ones substituted for them. Although each 
new house could adopt whatever rules it pleased, nex^erthe- 
less the changes made and the new rules adopted were few 
and such as they were they show more system and method 
in regulating the liouse. 

One of the rules provided for the election of a speaker 
pro tcni. whenever the regular speaker was absent, another 
gave to the presiding officer the casting vote whenever there 
was a tie and still another .stipulated that the majority of 
the representatives might not only dismiss a member but 
should also give notice to the town he represented to 
choose another in his place.- Then, there was one relating 
to the manner of addressing the house. This provided that 
permission to address the house should first be obtained 
from the speaker and that any remarks or speeches that 
were made a*fter that was obtained should be addressed to 
the chair and not to the individual members. In 1728 ^ 
it was decreed that " every member should keep his place 

^Provincial Papers, vol. vii, pp. 7, 62, 168, passim. 

'- Nev Hampshire Stafe Papers, vol. xix, p. 721. These remained the 
same throughout. 

'•'• PvQvivcial Papers, vol. iv, p. 489; vo!. v. p. 325; vol. vi, p. 133, 
bassin:. 



^zy] THE LEGISLATURE j^. 

and not speak out of it," while in 1771 there was a further 
provision to the effect that, if a member, commanded by 
the speaker to be silent, thought such " a command un- 
seasonable or unreasonable the speaker shall take a vote of 
the house thereon to which such member shall submit on 
pain of forfeiting such sum as the house shall determine." ^ 
According to another rule, any delegate who " by any mis- 
behavior in speech or action " justly offended any of the 
members of the house could be admonished for the first 
offense and fined as the house thought fit for the second. 
In 1775 this was so amended that the person, offending 
in this respect, could " be admonished, fined or imprisoned " 
as the house saw fit.^ Still another stipulated that no mem- 
ber should address the house twice until every one had had 
liberty to speak once,^ and, in the rule adopted in 1722, 
this was to apply to every matter before the house " whether 
it be a vote, resolve, order, or bill." ^ By another rule a 
fine of 5 shillings was imposed upon those, who after being 
entered and qualified, absented themselves without the leave 
of tl'ie assembly or without a proper and valid excuse. In 
1743 the amount was raised to 10 shillings, but this was 
changed again two years later when the amount was not 
specified, the matter being left to the discretion of the 
house. In 1752 the rule was further modified and soft- 
ened, so that the absentee was only "liable to be fined at the 
discretion of the house," and in this form it was re-adopted 
by succeeding legislatures up to the time the provincial gov- 
ernment was overthrown.''' Another of the rules adopted 

' Provincial Papers, vol. vii. p. 292. "^ Ibid., vol. vii, p. 373. 

^ Ibid., vol. iii, p. 68. 

^ New Hampshite Provincial Papers, vol. iv, p. 32. 

■'Ibid., vol. iii, p. 68; vol. v, pp. 204, 325; vol. vi, p. 133; vol. vii, pp. 
292, 37.3- 



146 ^ElV HAMPSHIRE AS A ROYAL PROVINCE [328 

in 1699 granted every member the liberty to dissent from 
any vote without giving a reason for so doing. Later this 
does not appear on the list, but it is clear from the records 
that the practice was continued, for quite often members 
asked leave to enter their dissent to a particular vote with- 
out giving any reason for their action, and, in several in- 
stances, they were not allowed to have the reason for their 
dissent entered in the journal/ A rule, adopted in 1745, 
provided that when anything was put to a vote every mem- 
ber, if required, should vote on the one side or the other 
immediately, and, in case he refused, he should be placed 
under the censure of the house." This was not adopted 
afterwards, but in 1756 the house passed a vote to the effect 
that every member should answer yea or nay immediately, 
whenever a question was put.^ Another rule that was early 
adopted regulated the method of procedure in the passage 
of bills presented to the assembly. This stipulated that 
every bill should be read three times and that there should 
be two adjournments before it was finally passed into an 
act.* Later, there was also a rule designating the number 
necessary for the legal transaction of business and another 
providing that no measure could be re-considered in the 
house by a less number than were present when it was first 
passed. 

In reference to the number of representatives necessary 
for the transaction of business, the royal commission simply 
stated that, in order to make laws, statutes and ordinances, 

' New Hampshire Provincial Papers.\o\. v, pp. z^i^. 343, 350. 395, 443, 
445, 459, 461, 506. 513; vol. vi, pp. 133. 160. 164; vol. vii, pp. 62,, 173, 183. 

^ Ibid., vol. v, p. 325. ^ Ibid., vol. vi, p. 455. 

* Ibid., vol. iii, p. 396. It is impossible to tell when this was adopted; 
it was the custom at least as early as 1709. Vide, ibid., vol. iii, pp. 396, 
719, 725; vol. iv, pp. 323, 489; vol. V, p. 325; vol. vi, p. 133; regularly 
found after 1745. 



329] ^-^^^ LEGISLATURE 1 47 

the consent of the governor and the major part of both 
houses was necessary/ What number the house first deter- 
mined should constitute a quorum, the early records fail to 
show. In fact, from an entry made in July, 1696, it ap- 
pears that the question had never been decided, for on the 
thirteenth of that month Usher demanded to know "whether 
three of the assembly was a house and could adjourn and 
whether it was legal," to which the house replied that 
" there was no prefixed number appointed and that it was 
legal." ^ Three years later, a set of rules was adopted for 
the better regulation of the house, but no mention was made 
of any quorum. In fact until 1745 it is impossible to tell 
from the printed records how many constituted a quorum. 
From that time on, however, the number was regularly 
specified in the rules adopted by every succeeding assembly 
at its first session. Naturally the number varied from 
time to time. As the population of the province multiplied 
and the settlements became more widely scattered, the num- 
ber of towns and precincts represented in the assembly in- 
creased, and, as a result, the quorum increased, but this 
did not always follow immediately after the number of rep- 
resentatives had been increased. Thus, in 1745, when the 
house consisted of 20 members, the speaker and at least 1 1 
members had to be present before business could be trans- 
acted. In spite of the fact that many new places received 
representation in the house during the next seventeen years, 
the number necessary to constitute a quorum remained the 
same.^ In 1762, when there were 31 present, it was voted 
that the speaker and fifteen members should constitute a 
quorum. In 1771, when the house consisted of thirty-four 

^ Ne7v Hampshite Provincial Papers, e. .<,''., vol. ii, p. 58. 

"^Ibid., vol. iii, p. 40. 

*Ibid., vol. V, pp. 133, 325, 442. 689. 



148 NEW HAMPSHIRE AS A ROYAL PROVINCE [330 

members, the quorum consisted of the speaker and sixteen 
members, while in 1775 it was still further increased, em- 
bracing the speaker and eighteen members. When trans- 
acting business, it appears ^ that the representatives from 
the oldest towns sat nearest the speaker, while the others 
were directly behind them, being seated in the order in 
which their towns received representation in the assembly.- 
With regard to the question of judging as to the elections 
and return of the delegates to the lower house, it appears 
from the records that, although the representatives at first 
seem to have had some doubts as to their own power in the 
matter, they soon became the sole judges in such cases. 
Thus, in March, 1693," ^^ was the lieutenant governor who 
directed the sheriff to cause another meeting to be held in 
Portsmouth for tlie election of two assemblymen because 
it did not appear that the freeholders had been duly sum- 
moned or those elected regularly chosen. In September, 
1696, when the representatives requested Lieutenant-Gov- 
ernor Usher to send out warrants for the choice of two 
assemblymen who had refused to serve, his honor declared 
that " they should send for them to their house, for their 
refusal ought to be before the house." * The following 
year Benjamin Fifield was dismissed from the house and 
the election of another ordered.^ In August, 1701, the 
representatives dismissed Timothy Hilliard as a person un- 
fit to be a member, because of his " misdemeanor " which 
w^as contrary to the orders of their house," and they re- 
quested the council to send out the necessary notice so that 

^ New Hampshire Provincial Papers, vol. vi, p. 816; vol. vii, pp. 63, 
173,286,373. 

"^ Ibid., vol. vi, p. 478. 'Ibid., vol. ii, p. 88, March. 1692-3. 

"Ibid., vol. iii, p. 43. -'Ibid., vol. iii, p. 57, 1697. 

^ Ibid., vol. xix, p. 737; \ol. iii. p. 146. 



33 1 ] THE LEGISLATURE 1 49 

the vacancy thus created might Idc filled. In June, 1709, 
at a conference held to d'scuss the failure of Exeter to 
make a return respecting its choice of assemblymen, the 
lieutenant governor informed the representatives that they 
" had full power to issue forth their warrants to summon all 
the selectmen of the said town to appear before them " and 
show cause why tliey neglected to make such a return, and 
if they found them " to be guilty of contempt or other 
fault " they had power to fine them as they should see 
meet.^ In November, 171 5, the house voted to dismiss 
Jabes Dow, one of the representatives from Hampton, on 
the ground that he could not qualify as a representative 
because he then held the office of constable." In October, 
1722, a petition was received, stating that Jotham Odiorne 
had not been legally chosen as the representative from New 
Castle. In the course of an investigation which followed, 
the parties to the petition were summoned before the as- 
sembly and sonie evidence was produced by them to sub- 
stantiate their complaint. But. after debating the matter 
among themselves, the representatives put the question to 
a vote with the result that Odiorne was declared duly 
elected.^ In November, 1726, the house ordered a precept 
returned to the sheriff because it was defective. Immedi- 
ately afterward, complaint was made that the election of 
the representative chosen for Rye was " not consonant to 
the act relating to the town of New Castle and the parish 
of Rye." * An investigation was at once ordered by the 
house but, after hearing both parties, the representatives 
declared that the member returned from Rye had been 
legally elected. The following year, the representatives 

^ New Hampshire Provincial Papers, vol. iii. p. 393. 

'^ Ibid., vol. iii, p. 600. ^ /did., vol. iv, pp. 334, 335. 

^ Ibid., vol. iv, pp. 432, 433. 



I50 NEW HAMPSHIRE AS A ROYAL PROVINCE [332 

voted to dismiss John Redman, who expressed a desire to 
retire " by reason of his great age and infirmness." ^ The 
next December, when the return of James Mackeen, the rep- 
resentative for Londonderry, was found not to be authentic, 
one of the selectmen of Londonderry was called in to testify 
in regard to the matter." rVfter he declared that MacKeen 
had been legally chosen and that it was only through ignor- 
ance that the return had not been made out properly, the 
house accepted him as the representative from London- 
derry and ordered the selectmen to make a proper return. 
Two days later, the house ordered the selectmen of Dover 
to amend their return and explain why the persons chosen 
did not appear." In May, 1729, the representatives granted 
the request of James Mackeen praying to be dismissed as 
the representative from Londonderry.^ 

In April, 1735, Governor Belcher attempted to pass upon 
the election and return of some of the members of the house, 
when he ordered the oaths administered to all the represen- 
tives except two against whom there was " some complaint 
of undue election." '' Immediately the house vigorously 
contested his right to pass upon the validity of the election 
and refused to choose a speaker until all the members were 
qualified. Thereupon, tlie governor desired to administer 
the oaths to all save Joshua Peirce, but the representatives 
insisted that they should be administered to every person 
returned by the sheriff's precepts and declined to do any 
business until that was done. At last the governor sent 
down the secretary to read that paragraph of his commis- 

' A'e7c> Hampshire Provincial Papers, vol. iv, p. 453. 
"^Ibid.. vol. iv, p. 468, Dec, 1727. 
^^ Ibid., vol. iv, p. 470, Dec. ib, 1727. 
^ Ibid., vol. iv, 11. 5io. 
'^ Ibid., vol. iv, p. 681. 



333] THE LEGISLATURE j^I 

sion which he believed gave him the power to pass upon the 
question at issue, at the same time assuring them that he 
was " far from having any inchnation to invade the least 
privilege of the house." Nevertheless, he thought it was 
his duty to support his Majesty's authority. The para- 
graph cited was the one which conferred upon the governor 
and council the power to summon assemblies iji manner 
and form according to the usage of the province, and to 
administer the oaths only to those who were duly elected 
by the major part of the inhabitants. In reply, the rep- 
resentatives told the governor they were of the same opinion 
as before, because in the clause cited, reference was made 
to the usage and custom of the province which had always 
been for the governor to have the oaths administered to all 
those returned by the sheriff's precepts, while the house of 
representatives was the judge of the due or undue election 
of any of the members upon complaint made to them. But 
" if," they said. " your Excellency's commission or the law 
was silent in this matter, it is no more than reason itself 
requires, for, if the governor for the time being hath au- 
thority upon pretense of undue elections to prevent any 
member from acting in the house, it would be a power in 
a manner, equal to that of choosing the assembly itself." 
This seems to have convinced the governor of his error, for 
he immediately ordered the oaths administered to all. 

Many additional cases might be cited, where the house, 
after an investigation of the facts, either duly confirmed 
or set aside the election of members against whose election 
complaint was made, but. from this time on the right of 
that body to be the sole judge of the election and return 
of its own members never appears to have been questioned.* 

• New Hampshire Provincial Papers, e. g. , vol. v, pp. 272, 326, 402,579; 
vol. vi, pp. 449, 806; vol. vii, pp. 199, 321, ^63, passim. 



1-2 NEW HAMPSHIRE AS A ROYAL PROVINCE [334 

It was left to the governor and council to determine the 
number of representatives to be chosen and the places to be 
represented in the assembly/ Accordingly when President 
Cutt issued the first summons for an assembly, he followed 
the example set by Massachusetts and made the town the 
unit of representation. Precepts, therefore, were sent to 
the four New Hampshire towns, Portsmouth, Dover, 
Exeter and Hampton and upon the day designated therein 
the delegates chosen met in Portsmouth, three being present 
from each of the towns save Exeter, which sent but two.^ 
During Cranfield's administration no change was made in 
the number of representatives which each town had in the 
assembly.^ When Usher, however, assumed the reins of 
government in 1692, an order of the lieutenant governor 
and council fixed the number of representatives then to be 
chosen at twelve. The number fronn each of the four towns 
was the same as in the past. The additional one was to 
come from the Isles of Shoals.' In 1693, after the separ- 
ation of New Castle from Portsmouth, writs were issued 
for the election of two representatives from the former, so 
that when the legislature met in October, fourteen persons 
took the required oaths as members of the lower house. ^ 
Until 171 5, however, the number of representatives usually 

^ Neiv Hampshire Proviticial Fapers, vol. i, pp. 379, 436; Provim 'ml 
Laws of Ne2v Hampshire, vol. i, pp. 503, 614. 

^Ihid., vol. i, p. II, note, p. 37; Belknap, Hisiory oi New Hampshire, 
vol. i, p. 145. 

'^Provincial Lazvs of Neiv Hampshire, vcl. i, p. 7X; A^ezv Hampshire 
State Papers, vol. xix, p. 689. 

^ La'ivs of Nezv Hampshire, vol. i, p. 517; Proz'im ial Papers, \o\. W, 
p. 71; vol. iii, p. 2. 

'° Provincial Papers, \o\. ii, p. 107; vol. iii, p. 13; Froinncial Laws, 
vol. i, p. 565; Nezv Hampshire Stale Papers. \o\. xvii, pp. 625, 665. 



335] '^^^'^ LEGISLATURE 1^3 

present in that branch of the legislature was thirteen/ 
Generally the people of the Isles of Shoals failed to heed 
the governor's summons and neglected to send a represen- 
tative. On several occasions the assembly specifically com- 
manded them to elect a deputy, but no attention seems to 
have been paid to such summons. Finally, in 1716, the 
settlement was annexed to New Castle for election and as- 
sessment purposes.^ Although Kingston was granted the 
right to send a representative to the assembly in 1708, 
nevertheless, in consequence of the war which was then 
raging, she was excused from sending one until sometime 
after the close of the struggle.^ In 1716 a writ was sent 
to Stratham, and in that year Newington * which had been 
a part of Dover and had been erected into a separate parish 
also received representation in the assembly. For a time, 
however, the number of representatives from Dover was 
only two, but after a few years the town was regularly rep- 
resented as before by three deputies.^ In 1727 London- 
derry was first represented in the assembly.® As there 
was no further increase until 1732 when Greenland and 
Durham sent delegates to the lower house, it will be seen 
that during the first half of its existence, the assembly's 
numerical growth was very slow. At the end of this 
period the number of members who sat in that house 
was only seventeen. From 1730 on. however, its growth 
was more rapid, so that by 1771 it had thirty- four mcm- 

^ Provincial Papers, vol. iii, pp. 57, 60. 64, 270, 390, S79, 600. 

^Ibid., vol. iii, pp. 124, 465, 581, 617, 620, 646, 647; Ne'a> Hampshire 
State Papers, vol. xvii, p. 643. 

^ Ibid., vol. iii, pp. 369, 465. 521, 555, 579, 600. 

'■Ibid., vol. iii, p. 48, 1716. 

■' Ibid., vol. iii, pp. 658. 680; vol. iv, pp. 45, 260, 282, 588, 628. 

^ Ibid., vol. iv, pp. 261, 484, 58R. 628; Parker. History ol Lofidouderry, 
P- 345- 



154 ^EiV HAMPSHIRE AS A ROYAL PROVINCE [336 

bers, or just twice as many as it had in 1730 and almost 
three times the number summoned in 1692/ At no time, 
therefore, could it be considered an unwieldy body. Cir- 
cumstances naturally favored its rapid growth during the 
latter part of the provincial period. In the early years of 
the period of royal control and in fact during a great part 
of the period covered by the Indian and inter-colonial wars 
the colony grew very slowly, for the almost continual strife 
along the frontiers and the constant fear of the depreda- 
tions and onslaughts of the savages prevented the settle- 
ments from expanding, kept the people within compara- 
tively well-settled areas and discouraged immigration into 
the wilderness. But when the fear of the Indians ceased 
and peace prevailed on the frontier, the settlements became 
more widelv scattered, and, the farther into the wilderness 
they extended and the more scattered and isolated they 
were, the greater became the need of separate delegates 
to represent their interests properly in the assembly. 

Although the commission granted to the governor, with 
the council's advice, the right to say what places should be 
represented in the assembly, nevertheless, the house claimed 
the right to have a voice in the matter. Thus, in Novem- 
ber, 1708," the house passed a vote which received the con- 
currence of the council, granting the freeholders of Kings- 
ton " free liberty " to senrl a representative to the general 
assembly, but the inhabitants did not avail themselves of this 
privilege as they were just at the time hard pressed by the 
war. In May, 171 1." both houses voted that "the parish 
and precinct in the woods, called Kingston, and the parish 
and precinct upon the Isles of Shoals, called Star Island, be 

^Provincial Papers, vol. v, pp. 259. 322, 592. 730, 751; vol. vi, p. 801; 
vol. vii, pp. 58, 171. 286; vol. ix. p. 328. 

'■ Ihiii.. vol. iii, p. 369. Nov. rSth. "^ Ibid., vol. iii, p. ^65. 



^^yj THE LEGISLATURE 1 55 

served with the ordinary warrants to send one person each 
to represent them in the house and no more till further 
order." This ^ brought forth a petition from the inhal)itants 
of the former praying to be relieved from sending a repre- 
sentative and paying any part of the public taxes, inasmuch 
as their circumstances were " in a very low condition " and 
the enemy was likely to be as troublesome as ever." After 
taking the matter under consideration,^ it was resolved to 
grant the pra3^er of the petition, if the settlers would *' as- 
sist the scouts with pilots at their own charge whenever 
required." Two years later the assembly again voted that 
Kingston be empowered to send a representative.* Accord- 
ingly, when the new assembly was called, a precept was also 
issued for the election of a delegate from that town, which 
was regularly represented in the lower house from that 
time on.*^ As Star Island was still unrepresented, the house 
in April, 171 5, ordered the sheriff to send forth his precept 
immediately to the inhabitants requiring them to send a rep- 
resentative to the assembly within five days.^ At the time 
appointed, however, no one seems to have appeared. In 
December, the inhabitants were ordered to send a represen- 
tative to the next sitting of the assembly but again no one 
came." Finally, the place which had been made a town by 
the name of Gosport. was joined to New Castle for elec- 
tion and assessment purposes.^ In May, 171S, the house 
granted the new parish of Hampton Falls liberty to send 
one representative to the assembly.'' In 1725 steps were 

^Provincial Papers, vol. iii. p. 520. -Ibid., vol. iii, p. 52i- 

•■'May, 1 712. 'May. 1714- 

'"Ibid., vol. iii, p. 555, cf. pp. 658, 680, passim. 
^Ibid., vol. iii, p. 581. '^ Ibid., vol. iii. pp. 617. 619. 

^Ibid.. vol. iii, p. 647. 

"^Ibid., vol. iii. pp. 733. 740; vol. iv, p. 45. Thereafter, however, 
Hampton, which hitherto had three deputies, had only two. 



fll 



156 -V£^F HAMPSHIRE AS A ROYAL PROVINCE [338 

taken to have Londonderry represented in the lower house. 
Although this place had been settled some years before by 
a company of Scotch-Irish and had already been regularly 
incorporated, it had hitherto been unrepresented in the 
legislature and had borne no part of the province charges. 
Now both houses ^ requested the governor to have a pre- 
cept sent to the town for the election of an assemblyman 
and to order a list of rateables made out. This, however, 
the settlers did not as yet desire, for its selectmen presented 
a petition " praying not only to be excused for the present 
from sending a representative, but also to be exempted from 
taxation. The council declared itself in favor of granting 
the prayer of the petition, but the house could not be pre- 
vailed upon to concur. Finally a precept was setit to the 
town for the election of a representative.^ In 1726, after 
Rye had been made a parish, the house \oted that a dele- 
gate should be sent to represent it in the assembly.* Al- 
though Greenland petitioned, several times for permission 
to send a representative, a precept was not sent to the town 
until 1732.'' 

In 1 74 1 and 1742, several acts for the incorporation of 
new parishes passed the legislature, which contained clauses 
prescribing the manner in which these parishes should be 
represented in the Assembly. That is to say, these acts pre- 
vented the governor from exercising the power of sending 
writs to such of these parishes as he might choose, by stat- 
ing definitely in the acts how each was to be represented 
in the assembly. In January, 1745, the right of the gov- 

^ Provincial Papers, vol. iv, pp. 173, 401. 

''■Ibid., vol. iv. pp. 208-9. ■•Ibid., voi. iv, pp. 467. 468. 

''Ibid., voi. iv, pp. 226, 427. Thereafter New Castie bad but one repre- 
sentative instead of tv/o. See Parson, JJislory of Rye, p. 20 et scq. 
^Provincial Papers, vol. ii. p. 739; vol. iv. pp. 618, 628. 785, 786. 



339] THE LEGISLATURE 1 57 

ernor to send a writ to whatever places he chose with- 
out consuhing the assembly was seriously questioned/ 
Soon after the members assembled for business, one of the 
representatives observed that there were more persons pres- 
ent than usual, and, upon inquiry, found that they had 
come in response to writs, requiring their respective towns 
to choose and send persons to represent them in the general 
assembly. Thereupon, a message was sent to Governor 
VVentworth, informing him that as there were five gentle- 
men present representing respectively Rumford, Haverhill. 
South Hampton, Chester, and the district known as 
Methuen and Dracut, " places " which as far as the house 
knew, had " no power, by any law or usage of the Pro- 
vince," to send representatives,^ they would like to know 
" by what means those places are authorized to send a mem- 
ber to this court." In reply, the governor said they were 
called " by the king's writ which was issued by the advice 
of the council." ^ Upon receiving this, the house at once 
proceeded to draft a reply, when a message came to choose 
a speaker immediately. This the representatives did after 
passing a vote to exclude the members in question from 
taking part in the election. The governor at once wanted 
to know the reason for this and was quickly informed that 
it was because the house did not know of any law or usage 
of the province which entitled those places to the privilege 
of sending members.* The governor then told them that 
the delegates had been called " by the king's writ, agreeable 
to former practice," and he knew of no other method by 
which they could be called. If, however, they knew of 
any such method, he desired them to acquaint him with it 

^ Provi?tcial Papers, voi. v, pp. 260 i, January, 1744-5- 
"^Ibid., vol. V, p. 261. ^Ibid., vol. v. p. 262. 

*'Ibid., vol. V, p. 263. 



X58 ^EW HAMPSHIRE AS A ROYAL PROVINCE [340 

that tlie public business might not be hindered. In a short 
time a message was sent up citing the cases of Kingston, 
Rye and Greenland to show that " no town or parish, not 
before privileged, ought to have a writ sent to them to 
choose a representative without a vote of this house or act 
of the general assembly." ^ This seems to have created 
some doubt in the governor's mind, for he ordered an ad- 
journment in order that they might both furnish themselves 
with precedents. Later, he desired to know if there was 
any law which would justify them in excluding any mem- 
bers, called in by the king's writ from voting in the choice 
of a speaker.- The latter, of course, the representatives 
could not cite, for there was no law on the subject; but they 
did give additional precedents. They referred to the cases 
of Londonderry and the other places already mentioned as 
well as to the acts incorporating the parishes of New Mar- 
ket, Durham, Brentwood and Epping, in all of which pro- 
visions had been inserted respecting their representation in 
the general assembly. From all this, the lower house con- 
cluded that the right to representation in the house belonged 
to the General Court. ^ Consequently, such persons as were 
called in from places not privileged by the assembly ought 
not to vote for the choice of a speaker, but should be ex- 
cluded just as if they came from another province. This, 
by no means, convinced the governor that the right to in- 
troduce new members was vested in the general assembly, 
but as the situation of affairs relative to the war demanded 
immediate attention, he thought it best for his Majesty's 
immediate service not to enter for the present further into 
the dispute, but to let the matter rest until the king's pleas- 
ure in the matter was known. ^ A little later a delegate ap- 

^ Pyoxnncial Papers, vol. v, p. 263. ''Ibid., vl.o v, p. 264. 

■Ibid., vol. V, p. 264. * Ibid., vol. v. p. 264. 



341 ] THE LEGISLATURE 1^9 

peared to represent the district of Dunstable, Litchfield and 
Nottingham/ but, like the others, he was also refused a seat 
until he could show that prior to the issue of the king's writ 
the right to send a representative had been granted the dis- 
trict by some law, custom or usage of the province. 

When the assembly was at last dissolved and another 
called, writs were not sent to those places which had been 
refused by the house representation in the assembly because 
no word had been received from England as to the course 
he should pursue with reference to those places. When 
the answer finally came, he found he had been fully upheld 
in his contention. Moreover, to support him in his de- 
mands, an additional instruction was issued.^ This de- 
clared that, inasmuch as the right to send representatives 
" was founded originally in the commission and instructions 
given by the Crown to the respective governors, his majesty 
may lawfully extend the privilege of sending representatives 
to such towns as his Majesty may judge worthy thereof." 
Furthermore, it directed the governor to dissolve the as- 
sembly as soon as it could be conveniently done, and, when 
calling a new one, to issue out writs to those places in par- 
ticular, which had been refused representation in the house 
and support the rights of the delegates summoned in re- 
sponse to those writs.''' Finally, he was to signify his 
Majesty's pleasure in the matter to the assembly, but this 
Wentworth did not for some time deem it best to do.* 

When a new assembly was summoned to meet, in January, 
1749, writs were sent not only to the places that had been 
served with them in the year 1744, but also to districts'* 
that had never yet been called upon to send a member to 

^Provincial Papers, vol. v, p. 295. 'Ibid., vol. vi, p. 82. 

'" P)id.. vol. vi, p. 82. ^ Ibid., vol. vi. pp. 90-1. 

"Ibid., vol. vi, pp. 69. 70, January'. 1748-9. 



l6o ^"^'^^^ HAMPSHIRE AS A ROYAL PROVINCE [-^^2 

the legislature. x'-Xfter the oatlis had been administered to 
all, the house voted not to allow those present from un- 
privileged places to have a voice in the selection of th.e 
speaker. Accordingly a speaker vv^as chosen without them, 
but the governor promptly disapproved of the choice and de- 
clared that no speaker would be approved by him unless 
ever}'- member, returned in answer to the king's writ, took 
part in the election.^ Tlie house then declared it would 
neither choose a new speaker nor admit the members in 
question until it was convinced that the governor possessed 
the right he claimed he possessed. Later, it referred to the 
case of Massachusetts, where the charter expressly provided 
that each town should have two representatives in the first 
assembly ' and that the entire legislature should deter- 
mine what members should be afterwards sent to represent 
the country towns and places. References were also made 
to the usage of New Hampshire and a resolve was passed 
not to admit the persons affected unless the governor could 
shov/ authority for what he had done. Hardly had this 
been done, when the representative for Rumford appeared, 
and, like the others, was refused a seat until he could show 
that the place had a riglit by some law, usage or custom 
of the province to send a representative.^ Almost a month 
later two others came into the house. When questioned 
as to their right to a seat, they produced the royal instruc- 
tion above referred to and declared that it gave them a right 
to attend as members of the legislature.* Thereupon, the 
house voted to address the king both concerning the griev- 
ances under which they claimed the province was laboring 
and respecting the partial representation which, they as- 

^ ProintuiaJ Papers, vol. vi, p. 71 d scq . 

''Ibid., vol. vi, p. yG. '•''Ibid., vol. \'\. p. TJ. January i2t.h. 

*-Ibid.. vol. vi. p. 82, February 8Lh. 



343] ^^-E LEGISLATURE l5l 

serted, had been made with regard to the places which they 
considered as unprivileged to send members to the legisla- 
ture/ Moreover, the house persisted in its refusal to ad- 
mit the representatives from the unprivileged places in spite 
of the royal instruction, declaring that the latter could not 
at any rate be interpreted to extend to places not specifically 
mentioned in it.' But the governor told the members it 
was useless to wrangle over the names of the towns the 
members were called from, because his commission gave him 
power to call representatives from such towns as he thought 
worthy of representation. *' If," he continued, " I had 
thought ten other towns worthy of sending representatives. 
I should in obedience to the royal instruction have sup- 
ported their election as zealously as I shall the election of 
those who have now been refused admission." ^ There- 
upon, the house voted to suspend the admission of the newly 
returned members until his Majesty's pleasure was further 
known.* The governor, however, insisted that the newly 
returned members should be seated and informed the house 
that no business could be transacted until his demands were 
complied with. But the representatives were just as deter- 
mined not to comply, so that a deadlock resulted which 
lasted until the triennial act forced a dissolution in January, 
1752."'^ From some letters which were later brought to 
light, it appears that this determined opposition of the house 
was but part of a scheme, conceived by Waldron and 
some others of the governor's opponents, to have the gov- 
ernor removed from office. 

The address, which had been drawn up in pursuance of 
the vote of the house and which, in addition to the matters re- 

^ Provincial Papers, vol. vi. p. 83. 'Ibid., vol. vi. p. 85. 

^ Ibid., vol. vi. p. 87. ' Ibid., vol. vi, p. 88 et seq. 

^ Ibid., yol. vi, p. 124. 



l62 NEW HAMPSHIRE AS A ROYAL PROVINCE [344 

ferred to in that vote, contained a request for the governor's 
removal, was not approved by the person to whom it 
was sent and so was never presented to the king.^ In Eng- 
land the matters in dispute were regarded as prerogatives 
which belonged without question to the crown, and not even 
the colony's greatest friends could find any justification for 
the assembly's action nor could they hope for anything but 
a complete vindication of the governor.- John Thomlinson, 
the colony's life-long friend and agent, wrote about the 
matter in the following vein. " I must say," he wrote, 
" that nothing ever was or can be more maturely and 
solemnly considered, before the instruction was settled than 
this affair was ^ . . . They [the Board of Trade, the at- 
torney and solicitor generals, etc.] very fully declared that 
the governor had acted according to his instructions and 
done what he had a legal power to do and that the Crown 
had an indisputable legal right to incorporate any town 
here and qualify the same to send members to Parliament." 
" What," he said in another letter, " what must his Majesty 
and his ministers have said to a complaint against his 
Majesty's governor, telling his Majesty his governor had 
done just as his Majesty had ordered ... in his Majesty's 
instruction so solemnly settled, and also that the governor 
had taken upon him to negative the speaker. Surely his 
?vlajesty and all his Privy Council would have declared 
that the governor had acted right in both cases and if this 
address was calculated and designed to turn out the gov- 
ernor, as I was told it really was in favor of a Massachu- 
setts man, it would not have been in your power or in the 
power of the most sanguine of his enemies to remove him.'' 

^Provincial Papers, vol. vi, pp. 66, 92. 
""Ibid., vol. vi. pp. 66, 888, 891. 
''/did.,vo\. vi, pp. 887, 888. 



345] 7'^^^ LEGISLATURE I go 

When the next assembly was convened/ there was no such 
determined opposition to embarrass the governor. All the 
members present were seated without a contest and a 
speaker was quickly chosen, acceptable to the governor. 
The representatives, moreover, resolved to do all in their 
power to restore that " happy union " which formerly ex- 
isted between the respective branches of the legislature, 
'' to extricate the government out of its present difficulties 
and to advance the true interests thereof." ^ 

During the session, however, the subject came up in an- 
other form. Upon receiving some letters from the Board 
of Trade, the governor called the attention of the house to 
their contents, which in part referred to certain acts passed 
by the assembly some years before.^ These acts, which 
were four in number, were those incorporating new parishes 
in the towns of Londonderry, Exeter and Hampton. In 
two of them clauses had been inserted, directing that they 
should have " all the privileges of other towns and parishes 
saving only the choosing a representative in the General 
Court," in which matter the inhabitants were to join with 
other towns; while in the other two acts, the new parishes 
were to remain with the old towns from which they had 
been separated " as to the choosing of representatives until 
further order of the General Court." To these clauses, the 
Board took exception as they appeared to encroach on the 
prerogative of the Crown, inasmuch as they excluded the 
governor from sending writs to whatever places he chose. 
Commenting on this, the Lords of Trade declared that the 
governor's yielding to the assembly in suffering them to in- 
sert such clauses in the acts, empowering or restraining the 

"" Provincial Papers, vol. vi, p. 127, September, 1752. 

"^ Ibid., vol. vi, pp. 135, 136. 161. 

^ Ibid., vol. vi, p. 139. 1741-2, cf. vol. v. p. 256; vol. ix, pp. 455, 802. 



164 ^EW HAMPSHIRE AS A ROYAL PROVINCE [346 

towns from sending representatives to the general assembly, 
has, they feared, " in many points been the occasion of the 
extraordinary encroachments they have from time to tinie 
continued to make and have at length carried to so dan- 
gerous a pitch." ^ They, therefore, admonished him to be 
very careful in the future about giving his assent to such 
bills. As for disallowing the acts, now that the parishes 
were settled, they said that as this might greatly affect 
the prosperity of the inhabitants, they would recommend' 
instead that the governor urge upon the assembly the neces- 
sity of explaining and amending the acts in the particulars 
mentioned." Should the legislature however refuse to 
make the necessary alterations, they would then recommend 
that the acts be laid before the king for disapprobation and 
charters of incorporation recommended for those particular 
parishes. But, although the legislature took no steps to 
amend the acts, nothing further was done in the matter. 

From this time on. there were no further contests re- 
specting the admission of members, sent from places hither- 
to regarded as unprivileged, until the close of the provincial 
period. Governors continued to send writs to any places 
they chose, while the house as regularly admitted the dele- 
gates, sent in response to such writs. Several attempts, 
however, were made to limit not only the towns from which 
representatives might be sent but also the number of rep- 
resentatives which each m'ght send. For instance, in 
Alarch, 1762, the house appointed a committee " to consult 
and prepare a bill for saying what towns in this govern- 
ment shall send members to represent them in the general 
assembly, either by their proportion of the province tax or 
the number of the inhabitants." ^ After the b-"ll was pre- 

^ Provi?icial Papers, vol. vi, pp. 138, 139. 

"^ Ibid., vol. vi, p. 139. '^Ibid., vol. vi. p. 820. 



347] ^^^ LEGISLATURE ig^ 

sented, it was resolved that the basis of representation should 
be determined by the number of quahfied voters in the place, 
of which there should be at least one hundred and twenty/ 
After passing the lower house, the bill was sent to the coun- 
cil which agreed to the measure after certain amendments 
which it suggested were adopted, but the governor did not 
approve it.- The following year a similar measure met the 
same fate; but this did not discourage the assembly, for, in 
May, 1764, another bill was passed with a saving clause, 
deferr'ng its execution until the king's pleasure was known.^ 
At the same time the colony's agents in England were in- 
structed " to use their utmost endeavors to obtain the ap- 
probation " of the act. Their efforts in this direction, how- 
ever, were not successful, for on the 26th of June. 1767, the 
act was formally disallowed by the king.'* 

Although no other act on the subject was passed, it is evi- 
dent that the house still claimicd the right to have a voice in 
the matter, for, in 1775, it again contested the right of the 
governor to send writs to whatever places he chose. When 
the call for a new assembly was made in May of that year, 
the governor ordered writs sent to Plymouth, Orford and 
Lyme, places which had never before been favored with 
representatives in the assembly. After the session opened, 
several petitions were received, complaining that certain 
members had been returned in " an illegal or unconstitu- 
tional manner." '^ Thereupon, a committee was appointed 
which in a few days presented a report, giving a brief his- 
tory of the manner in which new towns had been accorded, 
in the past, the privilege of sending representatives to the 
assembly.® Among other things, it asserted, in the most 
positive terms, that no new towns had been allowed to send 

^ Provincial Papers . vol. vi, p. 824. "^Ibid.. vol. vi, pp. 829, 840. 
^ Ibid., vol. vii, p. 43. ^Ibid., vol. vii, p. 200. 

^Ibid., vol. vii, p. 373. ^Ibid.. vol. vii, p. 378. 



l66 NEW HAMPSHIRE AS A ROYAL PROVINCE [348 

representatives to the g-eneral assembly until 1744, ''except 
by a vote of the house," that in that year and again in 1748 
the governor did attempt to introduce new members simply 
on the strength of the king's writ, but the houses had re- 
fused to admit them ; and that since tliat time there had been 
" instances of other houses suffering members so sent to 
take their seats without taking any notice of the impro- 
priety thereof." However, as this method of admitting 
new members appears to the committee to be " a manifest 
breach " of the privileges of the house and " directly con- 
trary to the spirit and design of the English constitution and 
apparently pregnant with alarming consequences," they sub- 
mitted it to the consideration of their colleagues whether the 
house could " with any degree of propriety . . . whatso- 
ever allow such an encroachment to be made on their 
privileges so opposite to the English constitution." especially 
as there were a great number of other towns in the pro- 
vince of much greater importance than these that have not 
tlie privilege of sending a representative and, in their opin- 
ion, they cannot send a representative "in a constitutional 
way until an act of government is made for that purpose." 
The question then being put, whether to admit the new 
members or not, " it clearly passed in the negative." ^ 

By this time the situation in the colony was very critical. 
The wave of excitement against the mother country was 
running high. The tension was very great. The love of 
order and respect for law were fast giving way to con- 
fusion and disorder," so that the governor deemed it best 
under the circumstances to suspend for the present the 
further consideration of the question, and accordingly ad- 
journed the assembly for almost a month in the hope that 
a serious desire for a reconcilation with the mother coun- 
try might spring up throughout the province. 

^Provincial Papers, vol. vii, p. 378. "^ Ibid., vol. vii, pp. 380. 381. 



349J ^^^ LEGISLATURE 15-, 

In this, however, he was to be cHsappointed. Soon after 
the legislature re-assembled, he called the attention of the 
representatives to the fact that in excluding- the newly 
returned members, they deprived the electors of their privi- 
lege and a whole county of any representation in the as- 
sembly. Moreover, he declared he could not " consistent 
with his duty pass by a measure so essentially infringing 
on his Majesty's prerogative and the rights of the people," 
and therefore recommended that the vote excluding the 
members be rescinded/ In reply the house expressed itself 
as sorry to find that the governor should intimate that they 
deprived electors of their privilege and trusted that the 
people of the county of Grafton would not think they had 
been deprived of part of their rights, because the members 
had been dismissed, '' for it is very notorious," they added, 
" that this and former houses of assembly have long wished 
that this province might be more generally represented in a 
constitutional way and have long endeavored that an act of 
government might be passed, enabling the governor to issue 
writs to such towns to send members as might be provided 
for in said act . . . but they have not been able to have 
such an act established." Therefore, they were determined 
not to rescind their vote." 

Thereupon, the governor sent another message, setting 
forth the royal side of the question. He said also that 
during his own administration three new members had been 
called for the county of Cheshire and, upon petitions to him 
in council, it seemed "' equally reasonable " to extend the 
same privilege to the county of Grafton.^ He was " sorry," 
he continued, " to observe that the house did not meet with 
a disposition to proceed upon the affairs of the province," 

^ Provincial Papers , vol. vii, p. 383. "^Ibid., vol. vii, p. 384. 

^ Ibid., vol. vii, p. 385. 



l68 ^^^'^ HAMPSHIRE AS A ROYAL PROVINCE [350 

but in the hope that the matter might receive in the future 
more favorable consideration in a fuller house he adjourned 
them to the fall. This, however, proved to be the last mes- 
sage sent by Governor Wentworth to the general assembly,' 
for it never met again under the provincial government. 

Now a word respecting the method of filling such vacan- 
cies as occurred during the sessions of the legislature. In 
such cases, the house usually took the initiative. Som.e- 
times it requested the governor to send a new precept to 
the town, but more often it ordered its own speaker to issue 
a warrant for the election of another member. During the 
last half of the provincial period, the latter was the regular 
method adopted whenever a vacancy existed. In February, 
1753, Governor Benning Wentworth objected to this prac- 
tice." After Richard Waldron had renounced his right to 
sit in the house, a precept was issued by the speaker for the 
election of a successor. When the newly elected member 
appeared, the governor, before swearing him in, asked to 
see the precept. This being delivered to him, he sent down 
a message, saying that the method of introducing the mem- 
ber was " directly contrary " to what his Majesty had di- 
rected and therefore the new delegate did not appear to him 
to be legally entitled to a seat. Notwithstanding this, how- 
ever, he thought, that, as the session had been already ''spun 
out to an unusual and unreasonable length," it would be best 
to allow him to be qualified but " this condescension," he 
added, " is not to be pleaded as a precedent in similar cases." 
This, however, did not stop the practice, for, when vacancies 
occurred during the session, precepts continued to be issued 
by the speaker for the election of representatives to fill them.^ 

After an assembly once met, it was not within the power 

^Provincial Papers, vol.. vol. vii, p. .387. ''Ibid., vi, pp. 178, 181. 
^Ibid., vol. V, p. 784; vol. vi. p. 827; vol. vii, pp. 85, 92.96, 112,363, 
passim. 



35 1 ] THE LEGISLATURE igg 

of either house to prorogue or dissolve itself. This power 
was vested solely in the governor who was directed in the 
royal commission to prorogue and dissolve the assembly 
whenever he judged it necessary. In the later commissions 
it was specifically stated that he might also adjourn the 
legislature from time to time as he saw fit, while the later 
instructions positively forbade the assembly to adjourn itself, 
except from day to day, without the governor's permission.^ 
As a rule, tlie latter exercised this power with great d'S- 
cretion and in a manner satisfactory to all concerned, but 
there were times when the house, in particular, felt itself 
aggrieved at the governor's orders in proroguing or dis- 
solving it. 

Occasionally it would send up a request for an adjourn- 
ment. These were sometimes made verbally, at other times 
they were embodied in messages and in one instance at least 
the request took the form of a petition.^ Usually, govern- 
ors were disposed to comply with the wishes of the house, 
but there were times when a refusal was deemed necessary 
or exped'ent. And this was apt to be the case whenever 
the executive thought the condition of the king's business 
did not seem to warrant a compliance or the royal or pro- 
vincial interests were likely to suffer in consequence of it.^ 
Most frequently the adjournment was desired because the 
season of the year for sowing or reaping or the private busi- 
ness of the members necessitated their presence at home.* 
In quite a number of cases, particularly when the house was 
bent on encroaching upon the prerogative and doggedly re- 

^ Provincial Papers, vol. i, p. 436; vol. ii, p. 59; Provincial Laws of 
New Hampshire, vol. i. pp. 51. 504, 615; vol. xviii, passim. 

^Provincial Papers, vol. vii, p. 316. 

^Ibid., vol. V, pp. 218, 509, 561, 9,76, passim. 

^ Ibid., vol. iv, pp. 210, 510; vol. v, p. 192; vol. vi, p. 128; vol. vii, pp. 
36, 127, 317, 362, passim; vols, v, vi, vii, passim. 



lyo NEW HAMPSHIRE AS A ROYAL PROVINCE [352 

fused to make such alterations in the votes and bills before 
it as the governor thought were essential to prevent an in- 
fringement of the prerogative, the representatives would 
ask to be allowed to return home until such time as the 
governor decided either to approve or veto the bills or votes 
in question. In such cases, however, the executive usually 
kept them sitting in the hope that they would ultimately 
yield. In several instances, the house even expressed the 
wish not to be adjourned tuitil certain business was finished 
or certain acts before it were passed. On several occasions, 
also the representatives in their request even named the day 
to which they desired to be adjourned. In 1731 Governor 
Belcher regarded this as an infringement of the prerogative, 
for when the representatives in September of that year 
amended a vote of the council by designating the particu- 
lar day, October the i8th, as the day to which the assembly 
should be adjourned, the council very properly returned the 
vote to be reconsidered while the governor reprimanded 
them in a message in which he cautioned them not to move 
out of their own line, inasmuch as the king had reserved 
to him " the entire power of adjourning, proroguing and 
dissolving all general courts." Moreover, he assured them 
that he would use the power with which the king vested him 
as he himself judged would " best advance his Majesty's 
service and the interests of the province." ' 

The chief distinction generally observed between an ad- 
journment and a prorogation may best be illustrated in the 
following way. Allien an adjournment was declared, the 
business before the legislature was merely suspended until 
the next meeting. In other words, an adjournment left the 
matters still before the assembly in the same state as they 
would be in. were just a recess declared. When, on the 

^Provincial Papers, vol. iv, p. 607. 



353] THE LEGISLATURE lyi 

Other hand, the assembly was prorog-ued, all the votes, bills, 
and resolutions that had not received the concurrence of the 
council or the assent of the governor died the moment the 
prorogation was announced and were rendered ineffectual 
and void. A prorogation, therefore, was more likely to be 
resolved on when measures displeasing to the governor or 
injurious to the interests of the colony or the Crown were 
being acted upon. In such cases, the governor, by promptly 
declaring a prorogation, could effectually prevent unfavor- 
able action being taken by the legislature. In many cases, 
however, a governor prorogued a refractory assembly in 
the hope that after a few weeks' reflection the members 
would assume a more favorable attitude. 

If, after an assembly had been prorogued, it was neces- 
sary to call it together again within the period covered by 
the prorogation, it was usual for the governor to order the 
members to meet in special session to consider and trans- 
act such business only as the assembly had been specially 
summoned to consider and transact.^ Instead of summon- 
ing the members in special session, some governors preferred 
to dissolve the assembly and summon a new one; but after 
1728 this could not be done if immediate action was neces- 
sary, because a period of at least fifteen days had by law to 
elapse between the time the writs were issued and the time 
the delegates were chosen.^ Usually such special sessions 
were necessary during war-time, when the exigencies of the 
struggle necessitated prompt action on the part of the legis- 
lature. Most of them were held during the administrations 
of Governor Dudley and Governor Benning Wentworth. 
In the latter's time such special meetings were regularly 

^Provincial Papers, vol. iii, pp. 289. 398, 399. 40i. 458. 478, 491, 505, 
538; vol. iv, pp. 319, 345- 385. 457. passim. 
"^ Provincial Laws, ed. 1771, p. 166. 



172 ^ElV HAMPSHIRE AS A ROYAL PROVINCE [3^4 

called special conventions and all the business then trans- 
acted had to be ratified and confirn.ied at the next regular 
session of the assembly. Furthermore, it appears that the 
members at such conventions had no power to pass any 
laws or act in a legislative capacity/ 

From the time when Usher took up the reins of govern- 
ment in 1692 until John Wentworth, the last royal governor, 
withdrew from the province at the opening of the revolu- 
tion, nearly fifty assemblies in all were summoned, and of 
these almost half were called previous to the enactment of 
the triennial act. Of the entire number all but fourteen 
were convened prior to the installation of the first separate 
governor of the province. In other words, about 70% 
of all the assemblies summoned in New Hampshire during 
a period of more than eighty years " had been dissolved be- 
fore Benning Wentworth was sworn in as governor in 1741. 

Naturally, the life of the various assemblies d'ffered 
widely, owing to the fact that the governor could dissolve 
the legislature whenever he chose. In fact, the difference 
is very marked at times, varying from a few days to more 
than six years, but the general average for all the assemblies 
taken tos^ether is found to be about a vear and a half.^ Most 
of the short-lived assemblies were summoned during the 
administrations of Usher and Belcher, while the longest 
sat during the time when the commissions of Dudley and 
Shute were in force. From the accession of Benning Went- 
worth in 1741, however, almost all the assemblies were con- 
tinued in existence the full three years allowed by the tri- 
ennial act. 

^ Provhicial Papers, vol. iv. pp. 295, 299, 426, 858; vol. v, p. 533; vol. 
vi, pp. 391, 534, 590. 602. 607, 608, 845; vol. vii, p. 29, passim. 

■■' 1 692- 1 776. 

^Provincial Papers, vol. iii, pp. 42-8; vol. iii, pp. 390-598> 5 yrs.; vol. 
iii, pp. 270-389, 6 yrs.; vol. iii, p. 702; vol. iv, p. 44, 5 yrs.; vol. iv, pp. 
45-259, 5 yrs. Many of only a few weeks. 



355] 1'^^ LEGISLATURE 1 73 

Sometimes this power to dissolve assemblies was used by 
governors to rid themselves of refractory bodies, or to pre- 
vent the passage of unfavorable legislation or the discussion 
of matters displeasing to them or prejudicial to the royal 
interests. Of course, governors hoped, by dissolving an as- 
sembly for any of these reasons, that a new one might be 
called wh.'ch would not offend in these particulars and would 
prove also more tractable; but, as a rule, nothing was 
gained by frequent dissolutions, for in most cases the com- 
plexion of the house remained the same as before. The 
most frequent offenders in this matter were Usher and 
Belcher. During the latter's administration, no less than 
five assemblies were dissolved because they refused to pass 
a supply bill which the governor and council could approve. 
The house took occasion to speak of the many dissolutions, 
declaring that such repeated dissolutions which seem to com- 
pel them to a way contrary to the interest of the people 
they represent were " very unhappy precedents." whatever 
sentiments his excellency entertained on the subject, and 
would be thought a grievance not only by the representa- 
tives of New Hampshire but also by the assemblies of the 
ne'ghboring provinces.^ In reply Belcher declared that, as 
he was always " tender of the privileges of the house," he 
v.^ould always " be careful to maintain his Majesty's prero- 
gative in using the power he has delegated him of adjourn- 
ing, proroguing and dissolving general assemblies . . . and 
this," he continued, " I shall do from time to time as I 
shall judge may most of all conduce to the king's honor 
and interest and to the good of the province. Nor do I see 
any great inconvenience in the dissolution of an assembly 
since there are but twelve towns in the province that send 
representatives, of which the most remote is not a day's 

^Provincial Papers, vol. iv, pp. 5/9, 688. 



174 '"^ElV HAMPSHIRE AS A ROYAL PROVINCE [3-5 

journey from the place where yon commonly sit and an as- 
sembly according to the law of the province can be con- 
vened in the space of fifteen days from the date of the king's 
writ. But." he went on to say, "be that as it will, as I 
have at no time invaded the rights of your house, I think it 
had well become you not to have mentioned anything to 
me that carries the face of bearing upon his Majesty's just 
authority." ^ 

At first the only check upon the governor's power of dis- 
solution was imposed by an English statute which required 
a dissolution within a certain time after the death of the 
reigning sovereign. This was probably the law to which 
Dudley had been referred, when he told the house in 17 14 
that he had the opinion of the gentlemen of the law that he 
could not continue the assembly any longer upon a writ 
made out in the reign of the late queen. - 

At least twice during the colonial period, doubts were 
entertained as to the legality of an assembly's existence. 
The first time it was when Governor Bellomont died. Then 
the members debated whether their power was not ended 
by his death and finally referred the matter to the council 
for their opinion, which was that the powers in an ofiicer 
were not altered by his death. The next time it was when 
Lieutenant-Governor Vaughan dissolved the assembly in ut- 
ter disregard of the governor's orders. The governor at 
once claimed that he alone under the circumstances could 
dissolve an assembly and accordingly ordered it recon- 
vened, but a few of the members refused to sit, claiming the 
dissolution was valid. Consequently it could no longer have 
a legal existence. The governor's view of the matter, how- 
e\'er. prevailed. 

' Provi)!cial Papers, vol. iv, p. 698. 
''Ibid., vol. iii, p. 131, 578. 



357] TH^ LEGISLATURE 175 

Although piibh'c sentiment was in favor of fixing a time 
beyond which no assembly could be kept in existence, still 
no serious efforts were made to secure that object until 
1 72 1, when the house voted that the governor be desired to 
pass an act providing that no assembly should continue in 
existence for a longer period than three years. ^ The fol- 
lowing year a memorial was sent to the executive, humbly 
praying that the assembly nu'ght be dissolved inasmuch as it 
had been already kept in existence for more than five years 
and the towns considered it a grievance not to be able 
to have a choice of assemblymen every three years.' Upon 
receiving the memorial, Lieutenant-Governor Wentworth 
expressed himself as always ready to comply with the re- 
quests of a house of representatives when the circumstances 
and affairs of the province would allow of it, and, even in 
the present case, although he thought the memorial was 
without precedent, nevertheless he declared he would take 
it under consideration anrl endeavor at the proper tune to 
make thein easy. Meanwhile, he desired them to dispatch 
the business before their house. A few daj^s later, the rep- 
resentatives expressed the opinion that the governor be re- 
minded of dissolving the assembly, but Wentworth did not 
see fit to order a dissolution for more than a month after- 
ward.^ Late in the fall of the following year the sub- 
ject was again brought forward and this time a bill pro- 
viding for the triennial election of assemblymen was pre- 
sented, with a saving clause deferring its execution until 
the king's pleasure was known, in order " that his Majesty's 
prerogative may not be infringed." ^ These last words, 

^ New Hampshire State Papers, vol. xix, p. 153. 
"■ Provincial Papers, vol. iv, p. 24. 
^ Ibid., vol. iv, p. 44, July 28, 1722. 
^ Ibid., vol. iv. pp. Qi, 96, 112-3, 115. 



176 NE^y HAMPSHIRE AS A ROYAL PROVINCE [358 

however, about the infringement of the prerogative did not 
meet with the approval of the house, which immediately- 
voted to strike them out, after which the bill passed both 
houses and received the lieutenant governor's approval/ 
Then instructions were ordered sent to the colony's agent 
in London, urging him to press the matter before the proper 
authorities there." The prospects of success, however, were 
very remote. In the first place, the bill was sent over with- 
out the provinc'al seal affixed to it. As a result, the colony's 
agent declared that the secretary of the Board of Trade 
told him the board could only consider it " as a piece of 
of waste paper," and would give no opinion on it until it 
came in form.® According' to the agent, other members of 
the board declared that the success of the bill was dubious 
because of the encroachments of a neighboring province, and 
because the practice of limiting the life of Parliament in 
England to three years had been founrl to be " prejudicial 
to the subject by the tumults and expense it occasioned to 
the candidate for election." ■* Furthermore, the bill was 
ill-timed because the province at the time was petitioning 
for stores of war. Considering these things, therefore, it is 
not surprising that the measure never received the royal 
sanction. 

After waiting in vain for the king's approval of the act, 
the subject v^^as again brought forward and steps were taken 
to secure the passage of a similar bill. When, in Decem- 
ber, 1727, Lieutenant-Governor Vventworth was informed 
of the intention of the house in the matter,^ he said he " was 
disposed to gratify them in regard to that matter so far as 
he might with safety," and therefore desired them " to con- 

^ Provincial Papers, vol. iv, pp. 117-0, T27, Dec. 14th. 

'^IhicL, vol. iv, p. 126. "^ Icid.. vol. iv. p. 1^6. Sept.. 1:724. 

^ Ibid., vol. iv. p. 146. '■'J&id., vol. iv. p. 263. 



359] ^^^ LEGISLATURE 1 77 

sider how he might obhge them since there was an act al- 
ready passed with a saving clause which had been sent home 
for the royal approbation." A few days later, the repre- 
sentatives expressed themselves in the following language 
on the subject: ^ " Whereas it is the universal and earnest 
desire of his Majesty's good subjects ... to have a tri- 
ennial choice of assemblymen, which is in itself most reason- 
able and not only consonant to the use and custom of Great 
Britain but in effect a compliance with his late Majesty's 
royal mind, who has in express words by Governor Shute's 
commJssion commanded that the laws and ordinances of this 
province be not repugnant to but as near as may be con- 
formable to the laws and statutes of the kingdom of Great 
Britain where ... no Parliament can continue and be 
longer than three years, therefore voted that an act for a 
triennial assembly be drawn up and that this assembly shall 
cease on December the 13th, 1730." 

Although such a measure now failed of passage because 
of the dissolution of the legislature, still the agitation in 
favor of it did not cease, for soon after the next assembly 
convened in April, 1728, another bill was brought forward, 
minus the saving clause, deferring its execution until the 
king's pleasure was known. ^ This quickly passed both 
houses and finally received the lieutenant governor's ap- 
proval. As the saving clause had been expressly omitted, 
the act went into effect immediately, and, as it did not re- 
ceive the king's veto, it remained in the statute books until 
the end of the provincial period. 

As New Hampshire at the time the royal government was 
instituted, and in fact for many years afterwards, was only 
a small struggling province with very few towns and but 

^Provincial Papers, vol. iv, p. 265. Dec. 21st. 
''Ibid., vol. iv, pp. 288, 294. 489. 



178 ^-E^y HAMPSHIRE AS A ROYAL PROVINCE [360 

a few thousand people, the amount of business which the 
General Assembly had to transact was relatively small. 
Moreover, neither house was larg-e or unwieldly, for the 
larger of the two numbered but little more than a dozen 
members for many years. For th.ese reasons, therefore, 
there was no need of dividing the house into committees 
to facilitate the transaction of bus'ness. Occasionally, how- 
ever, the representatives did select a committee from among 
their own number to join a similar committee of the council 
for some special purpose. As time passed and business in- 
creased in volume, these committees were appointed with 
greater frequency and regularity, until at last there was 
evolved a regular committee system. These joint commit- 
tees were always named for some specific purpose.^ Often 
committees were appointed for the sole purpose of drawing 
up bills for the approbation of the legislatiu-e. In time of 
war, or at seasons when the Indians acted suspx'ously or in 
a hostile manner, joint committees were appointed to view 
the fortfications and report on the necessary repairs ; to 
inspect the frontier towns and garrisons and to consider the 
necessary measures of defence. Such committees were also 
appointed to consider ways and means of raising a revenue; 
to revise the laws, to scrutinize accounts and to audit the 
claims of those to whom the province was indebted. Then, 
too, committees of both houses were named to examine 
muster rolls ; to investigate and decide upon petitions ; to 
inquire into the various grants made by the assembly; to 
draw up tables of fees and to run or regulate parish or 
town bounds. Committees of this kind were also appointed 
to draw up instructions for, or carry on correspondence 
with, the colony's agents in Great Britain ; to estimate the 
cost of certain articles or such work as the assembly de- 

^ Provincial Papers, vol. iii, pp. 18, 20, 30, 34, 44, 51, £2, 61, passim. 



361] THE LEGISLATURE I^q 

signated ; to make suitable provision for the reception and 
entertainment of a new executive or a distinguished vistor ; to 
take under consideration the subject matter of the governor's 
messages and to confer with the latter upon matters of 
special interest or importance. Joint committees were like- 
wise appointed to draw up addresses to his Majesty; to take 
bonds from various parties in accordance w'th the provis- 
ions of certain acts ; to set reasonable prices upon such 
articles, mentioned in the various supply bills, as might be 
taken in lieu of money in the payment of taxes and rates; 
to ascertain the value of money and the rate of exchange; 
to devise ways and means to prevent the further deprecia- 
tion of the paper currency and to do many other things and 
act in a great many other capacities far too numerous and 
diversified to mention. In fact, these committees grew in 
importance and became more numerous and frequent as the 
province increased in population. Upon them devolved 
much of the laborious detail work before the legislature, and 
during the later intercolonial wars committees of this kind 
were particularly powerful, for they practically had the en- 
t're management of the various campaigns in their own 
hands. 

As a rule the committees consisted of an equal number 
of members from each house, but occasionally the lower 
house insisted upon appointing a majority of the committee 
and the council was sometimes forced under stress of cir- 
cumstances to waive its right to equal representation, al- 
though it always maintained that it had a right to equal rep- 
resentation on any committee. Then, too, the members of 
each house alone determined what persons should repre- 
sent their house on a committee, and when Governor Went- 
worth in 1744 attempted to invade the privilege of the lower 
house by refusing to consent to a Mr. Clarkson being on a 



l8o NEW HAMPSHIRE AS A ROYAL PROVINCE [362 

certain committee, the representatives vigorously protested 
and finally v^on their point, declaring that it was " the un- 
doubted right of this house to appoint any member of the 
house to any committee so long as he stands legally quali- 
fied to sit in the house.'' ^ 

Occasionally, instead of appointing a committee to con- 
fer with a like committee of the other house on some matter 
of importance, one or the other of the two houses would re- 
quest the executive to call a conference of both branches of 
the legislature and sometimes the governor would even call 
a conference on his own initiative. This was usually done 
when the advice or opinion of the other house was wanted 
on a certain matter then at issue before the legislature, or for 
the purpose of more thoroughly discussing a certain sub- 
ject, or with the view of reaching some agreement on points 
upon which the houses could not agree,, or in order to ex- 
pedite matters pending before the general assembly. Natur- 
ally, the subjects discussed at such conferences covered a 
verv wide field." Durin.g the last war with France, the two 
houses sometimes sat and worked together, at the governor's 
request, in order to facilitate and expedite the dispatch of 
business of a very urgent character. 

Besides considering business of a purely legislative char- 
acter the house also took up for consideration such mat- 
ters as were embraced in the various petitions which were 
nresented to it. At first these petitions were few in number, 
but with the growth of the province in population and the 
increase in the number of settlements, they became more 
numerous. The people began to look more and more to the 
assembly as the proper body before which their complaints 

"^ Provincial Papers , vol. v, p. 248. 

'Ibid., vol. iii, pp. 12. 55, 243, 388, 5.33, 609, 631, 639, 664, 673, 727, 
778, 827; vol. iv, pp. 344. 551, 763, passim. 



363] THE LEGISLATURE 181 

and grievances should be heard. The matters touched upon 
covered a wide range of subjects and were of varying de- 
grees of importance. Some of them were very trivial in 
their nature while others were of a more serious character. 
Sometim.es the assembly itself would hear and dispose of 
the petitions, and, whenever the occasion required it, would 
summon the parties concerned and hear their testimony. At 
other times, the petitions would be referred to committees, 
specially instructed to make investigations into the merits 
of the particular cases and either report their findings to the 
assembly or dispose of the miatter as they thought would 
best serve the interests of all concerned. 

When the commission for the first executive of New 
Hampshire passed the seals, it contained a clause authoriz- 
ing the president, with the council's consent, to continue for 
the support of the government the taxes and impositions 
that were then being levied upon the inhabitants, until such 
time as the general assembly could be convened and devise 
other ways and means of defraying the expenses of the 
government.'^ At the time, the insertion of such a clause 
in the commission was, from the very nature of the case, 
necessary, as there was no revenue arising for the support 
of a central government. But when an assembly had been 
once convened and provision had been made for a revenue, 
the purpose for which the clause had been inserted was ful- 
filled and from that moment the question of raising money 
was one which concerned the entire legislature and not the 
governor and council alone. 

When, a few years later, this form of government gave 
way to the regular type of royal government and Cranfield 
became lieutenant governor,^ the same provision was inserted 

^ Provincial Papers . vol. i, p. 379. 
"^ Ibid., vol. i, p. 440; vol. xix, p. 690. 



l82 ^^EW HAMPSHIRE AS A ROYAL PROVINCE [354 

in his commission. Undoubtedly this was done in order 
that there might be no failure of a revenue while the neces- 
sary changes were being made in the government, and pend- 
ing the summoning of the assembly. But Cranfield inter- 
preted it to mean that the governor and council had the right 
to continue such taxes and impositions whenever the as- 
sembly refused to pass such revenue bills as the executive 
wanted it to pass. Finding that the house would not do 
his bidding and could not be prevailed upon to approve a 
revenue bill which he had presented to it for passage, he 
obtained the council's consent to an order, continuing such 
taxes and impositions as had formerly been laid upon the 
people. This method of raising a revenue, however, proved 
a failure for the inhab'tants refused to pay the taxes until 
the assembly should formally sanction their collection.^ 

From this time on no governor of New Hampshire ever 
attempted to raise a revenue without the aid and codper- 
ation of the assembly. Thereafter, whenever money was 
required, the executive always applied to the assembly for 
the necessary grant. 

Although the commission granted to all parts of the leg's- 
lature equal power in the making of the laws, nevertheless, 
the members of the lower house looked upon the question 
of raising money as one well within the province of 
their house to settle and determine. As the more im- 
mediate representatives of the people, they thought they 
were most vitally interested in and chiefly concerned with 
the finances of the province. Consequently, they in- 
sisted more and more upon determining the amount to 
be raised, prescribing the manner in which it should be 
levied and designating the uses to which it should be put. 

^Provincial Papers, voK i. PP- 458, 490, 54.^. 544, Passim. 



365] T^E. LEGISLATURE 1 83 

Governors, too, recognized this right/ Thus, in a speech 
to both houses, Belcher directed the following words in 
particular to the representatives present : "As it is more 
immediately your province to look into the state of the pub- 
lic revenue I shall order all the accounts from the last 
time you had them to be laid before you." " Usually 
throughout his administration he directed his remarks to 
the members of the lower house whenever they had refer- 
ence to the question of raising funds, and the same course 
was also adopted by other governors; but in a speech made 
to the legislature in 1740, he failed to do so. The repre- 
sentatives took exception to this, saying that they could 
not but take notice that, though he directed his speech to the 
council jointly with themselves as to the matter of the 
treasury, nevertheless, they, the representatives of the peo- 
ple, look upon themselves as the persons " that are more 
immediately concerned and that are principally and directly 
to be applied to on that head." * 

According to the royal instructions, the assembly was 
permitted to view and examine from time to time the ac- 
counts of all moneys disposed of by virtue of such laws as 
were made by it.* The lower house very early availed itself 
of this privilege. Usually the accounts were laid before 
the representatives soon after the session began, but, if they 
were not, the governor was requested to have them brought 
before the house. Generally the examination would be con- 
ducted by a committee of both houses which would present 
a report for the assembly's approval. But the lower house 

^Provincial Papers, vol. iii, pp. 67. 357. 367,659; vol. v, pp. I37> 
163, 242; vol. vi, pp. 130, 232, 348, passim. 
"^ Ibid., vol. iv, p. 563. 
* Ibid., vol. v, p. 19, February, 1739-40. 
*Ibid., vol. i, p. 443; vol. ii, p. 65. 



l84 ^^EW HAMPSHIRE AS A ROYAL PROVINCE [366 

regarded the matter as one entirely within its own province 
and sometimes appointed a committee of its own to make 
the examination. The council, however, objected to this, 
claiming an equal right to make the examination and join 
in the investigation of any accounts whatever/ In 1722,^ 
when the house appointed a committee of its own to examine 
the treasurer's accounts and the upper house sent down a 
vote for the usual committee of both houses, the representa- 
tives non-concurred the council's vote and passed a resolu- 
tion to the effect that it was " the undoubted right " of the 
house to examine and allow the treasurer's accounts. On 
several other occasions also the representatives expressed 
themselves in a similar vein. 

The examination, to which the accounts were subjected, 
was generally a very careful one and such additions or de- 
ductions were made as would make them conform to the 
various grants passed by the legislature. 

As the treasurer, who was appointed by the governor, was 
the one through whose hands the provincial funds passed, 
efforts were made on the part of the house to hold him to 
a far stricter account than was at first possible. Thus, in 
1720 the representatives resolved that all the accounts re- 
lative to the province should be sworn to, " to be a just 
account.'" "^ The next year the house voted that no more 
memorials should be received from the treasurer relating 
to his accounts but that the latter should be brought in, 
arranged "by debt and credit."'' In 1724 it expressed 
itself in favor of having the treasurer give a bond for the 
faithful performance of his duties,' and a little later " it 
provided that no money appropriated to particular uses 

^ Provituial Papers, vol. v, p. 757. '^Ibid., vol. iv, p. 339. 

^ Ibid., vol. iii, p. 789. * Ibid., vol. iii, p. 836. 

^ Ibid., vol. iv, p. 130. '^Ibid., vol. iv. p. 693. 



367] THE LEGISLATURE 1 85 

should be drawn out of the treasury for the cHscharge of 
any other pubhc debts, upon penalty of the treasurer's re- 
funding such sums as should be paid by him contrary to 
the appropriations. Soon after Benning Wentworth en- 
tered upon the government, the representatives told the 
treasurer to bring in all his accounts from the time of the 
last settlement in such a way as to show how the money 
was applied in accordance with the appropriations of the as- 
sembly, for they were determined to receive no other ac- 
count/ As on several former occasions there was also 
some dispute as to the right of the treasurer to certain 
commissions to which he claimed he was legitimately en- 
titled. To prevent the like in the future the house now 
resolved to grant him a regular salary in lieu of the un- 
certain fees and commissions which hitherto had been the 
support of the office." .Vs the grant was not a permanent 
one, however, the treasurer had to depend for his salary 
upon such temporary grants as the legislature from time 
to time saw fit to allow him. In time of war, he received 
an additional sum for the extra services he then rendered. 

But aside from this policy of the house to hold the treas- 
urer to a very strict account, there was a tendency to vest the 
speaker of the house with some of the duties which ordin- 
arily go with the office of treasurer. Thus bonds for vari- 
ous purposes were made out to the speaker and when the 
persons holding the bonds died the speaker was entrusted 
with their safe keeping. Then, too, when officers and other 
people were required to give bonds, the latter, by the as- 
sembly's vote, were often required to be given to the 
speaker. 

Nothwithstanding the fact that it was the desire of the 

^ Provincial Papers, vol. v, p. 142. '■ fbid., vol. v, p. 155. 



l86 ^EJ^ HAMPSHIRE AS A ROYAL PROVINCE [368 

home government that the assembly should make some per- 
manent provision for the support of the government, never- 
theless it was impossible to prevail upon that body to set 
aside a fund for that purpose or pass any revenue bills 
except such as were of a temporary character. As it was 
the tendency of the house to make the payment of the 
salaries of most of the officers of the government depen- 
dent upon the passage of annual grants and its fixed policy 
to provide for the payment of such things only as were 
essential and necessary at the time, governors were virtu- 
ally compelled to have frequent sessions of the legislature. 

When any money was once brought into the treasury, it 
could only be taken out again upon presentation of a war- 
rant from the governor, who was strictly commanded, both 
in his commission and in his instructions, not to suffer it to 
be disposed of in any other way.' This, in a way, made 
the executive the custodian of the public funds, but the 
control which he came to possess over them was only nom- 
inal. At first the governor was sometimes allowed to use 
some discretion in connection with the expenditure of some 
of the money, raised for particular purposes, and this was 
apt to be the case in time of war; but the tendency was to 
make the votes more and more specific. Later, committees 
were appointed to take charge of certain funds in accord- 
ance with such orders and instructions as the general as- 
sembly saw fit to give them, and the only part wh'ch the gov- 
ernor took in disposing of the money was that the committee 
had to apply to him to issue out his warrants for such sums 
as it wanted. Beyond the mere issuing of the warrant, 
however, the governor had nothing to do with the money. 
During the period when acts for the emission of bills of 

^Provincial Papers, vol. i. pp. 440, 443; vol. ii. p. 310; Provincial 
Laws of New Hampshire, vol. i, pp. 56. 625. 



369] THE LEGISLATURE 187 

credit were frequently passed, committees of both houses 
often took entire charge of the emission of the money. 
Committees were appointed to sign the bills ; to receive all 
defaced and mutilated bills ; to make tale of such as were to 
be re-issued or burned; in fact, committees were named to 
do everything in connection with the emission and re- 
demption of the paper money. The executive had no power 
to take a penny out of the treasury without authority 
from the assembly. 

Naturally governors chafed under the restraints thus im- 
posed upon them and remonstrated with the assembly, but 
it was all to no purpose. Even in very critical periods, 
when the frontiers were being assailed by the Indians or 
an invasion seemed imminent, a governor was often un- 
able to render effective aid to the distressed inhabitants or 
put the province in a proper posture of defense because there 
was no fund upon wh'ch he could, in such an emergency, 
draw. For the same reason he could not entertain any 
persons of distinction who visited the province, even in the 
latter's interest, without first calling upon the assembly to 
provide the means for their entertainment. In fact he could 
do nothing which required money for its accomplishment 
without authority from the legislature. Occasionally, in 
cases which he considered urgent, he did, with the council's 
consent, authorize certain things to be done, and in a few 
instances even advanced the necessary funds, rely ng, of 
course, upon the legislature to pay for what had been done ; 
but nothing on any very large scale could be undertaken, 
requiring the expenditure of much money to carry it out, 
without calling the assembly to provide the necessary funds, 
inasmuch as the assembly steadily refused to set aside any 
money that could be drawn upon in just such emergencies. 

Against the appointment of committees to take charge of 
public money and to do other work and against other en- 



1 88 -^EW HAMPSHIRE AS A ROYAL PROVINCE [370 

croachments of the assembly, the Board of Trade in 1752 
vigorously protested. Having observed in the acts, passed 
to further the Louisburg and Canada expeditions, sundry in- 
fringements of the royal prerogative,^ their lordships called 
the governor's attention to the fact that the assembly's ac- 
tion in appointing committees, in their several acts, to dis- 
pose of the money to be raised and to conduct the services to 
which it was applicable, involved " certainly a great en- 
croachment upon his Alajesty's prerogative." For this rea- 
son they insisted in the most emphatic manner that for the 
future the governor should strictly adhere to his instructions 
and not deviate from them in any point, because the passage 
of laws that are inconsistent with the royal instructions 
■' is manifestly of great injury to the public service and the 
occasion of many difficulties inasmuch as those laws, though 
they contain the most salutary provisions, cannot receive 
ihe royal approbation but by his Majesty's dispensing with 
iiis instructions." 

Accordingly in April, 1755, after an act, similar to the 
ones complained of, had passed both houses, the governor 
informed the representatives, that it contained several 
clauses in direct opposition to the commands he had received 
in their lordships' letter, the most important parts of which 
he then laid before them.^ He then expressed the hope that 
the houses would unite in measures to put the intended ex- 
pedition upon such a footing that he might conduct it with 
honor to himself and safety to those who should engage in 
it, and, to this end, he advised that, if they thought, after 
what he had laid before them, it was their province to ap- 
point committees, the latter should be directed in the act to 
conform to his ord.ers in providing such necessaries as the 

^Provincial Papers, vol. vi, p. 370. June 22,, 175-2. 
"^ Ibid., vol. vi, p. 369. 



371 ] THE LEGISLATURE 189 

expedition might demand. But, neither the governor's 
words nor the Board's letter produced the sHghtest change 
in the attitude of the house on the subject, for that body 
not only refused to make the desired changes but even as- 
serted that the act contained nothing inconsistent with the 
royal instructions/ Furthermore, it said that inasmuch as 
the committee of war was to procure all the necessaries for 
the expedition and deliver them to the governor's order, the 
latter would be able to conduct the expedition with honor 
to himself and safety to those engaged in it. Consequently 
it refused to make the alterations desired. The action of 
the house left the governor now in a very peculiar position, 
and the only course which seemed open to him, in view of 
the Board's express instructions, was to veto the bill ; but to 
do that, just at this moment, was almost beyond the ques- 
tion, for should the expedition meet with failure when New 
Hamphire was not represented in it, the other colonies 
would naturally put the blame upon that province, while the 
king would probably be incensed at the governor for having 
allowed his instructions to defeat, at so critical a stage, an 
expedition, the success of which meant so much to all con- 
cerned. Under such circumstances, therefore, the governor 
signed the bill as it was, thus ensuring the success of the 
expedition so far, at least, as it was in his power to do so.^ 

On another occasion, in 1761, when a bill for the emission 
of paper money was before the governor, the latter made 
the following speech in regard to it.^ " I am astonished," 
said he, " at your pressing me to assent to the bill before me 
when it is so repugnant to the laws of Great Britain, the 
only standard I am to measure all laws by that I assent to 
. . . When you critically consider the bill, you will find 

^Provincial. Papers, vol. vi, p. 371. "^Ibid., vol. vi, p. 376. 

^ Ibid., vol. vi, p. 785. 



igo NE.W HAMPSHIRE AS A ROYAL PROVINCE [■}^y2 

that it repeals a law now in being-, that it miHtates with 
your constitution, that it supersedes officers in power, that 
it is a great indignity to the king, tliat it is derogatory of 
the liberties and privileges of his Majesty's subjects, that 
in jfine, if you would drive me to the necessity of assenting 
to it or that his Majesty's service must suffer, it may bs a 
means of debarring the province of the recompense you 
might otherwise have merited." In reply ^ the house said 
that it was agreeable to the constant practice of the govern- 
ment and was " drafted on the same plan as several others 
passed during the present war." It failed to say. however, 
that the bills it referred to were signed by the governor 
practically under compu.lsion. .-\s it refused to amend the 
bill, the governor, under stress of circumstances, was com- 
pelled to give the measure his assent. 

It was by adopting such a policy as this, at just such 
crises that the house was enabled to make such encroach- 
ments upon the prerogative. At such times as these, the 
governor was practically at the house's mercy. Thus on 
several occasions when the governor was expressly for- 
bidden to give his assent to a bill for the further emission 
of paper money, the house made the necessary arrangements 
for a campaign contingent upon the emission of bills of 
credit, and refused to withdraw from that position, no mat- 
ter what pressure was brought to bear upon it. In a few 
cases, in order to protect himself from the royal displeasure, 
the governor, before affixing his signature to the bill, in- 
sisted upon the liouse appointing a committee to write home 
to excu.se him for violating his instructions.^ 

When the occasion would allow, governors were often 
wont to keei) such assemblies sitting or under short adjourn- 

^ Provincial Papers, vol. vi. pp. 785,786. 
''Ibid., vol. V, pp. 243, 336, passim. 



373] '1'^^ LEGISLATURE igj 

ments in the hope of making them withdraw the clauses to 
which objection was made and, at times, even dissohition 
was resorted to in expectation that a "new assembly might 
be convened which would pass revenue bills, the provisions 
of which would not infringe upon the prerogative. But 
these methods, as a rule, were not successful. During the 
administration of Governor Belcher several assemblies were 
dssolved because they refused to agree upon a supply bill 
which the governor and council could sanction. Although 
during that period the assemblies were kept sitting beyond 
the time usually allowed for the transaction of business, 
the house would not yield and it was only after five assem- 
blies had been dissolved, and six years had passed by that a 
satisfactory b'll was passed which received the approval of 
both governor and council. 

Then, too, in order to force the governor or council to 
assent to measures they did not approve, the house would 
sometimes refuse to do certain things until those measures 
were acted upon. Thus, for example, in 1742,^ the house 
sent up word that it could not make a supply bill until the 
council had acted upon a certain grant. In 1745 ^ ihe 
house sent a committee to the governor to say that if he 
would consent to put off until 1760 the payment of the 
money then to be emitted the representatives would vote two 
hundred additional volunteers. Otherwise, a grant for only 
one hundred more would be passed. Again, in 1747.^ the 
house determined unanimously not to act further on the af- 
fair of loaning money to the king until provision was made 
for paying off the just debts of the government contracted 
in defending the frontiers the year before. In 1756,* the 
house declared itself ready to pass a bill borrowing £6000 

^1741-2. ^ Provincial Papers , vol. v, p. 290. 

^ Ibid., vol. V, p. 558. ^ Ibid., vol. vi, p. 518. 



ig2 NEW HAMPSHIRE AS A ROYAL PROVINCE [374 

sterling as soon as a certain act then before the governor 
was signed and not before.^ Five years later, the house 
declined to act on the governor's message until the money 
bill for paying the troops was assented to." The following 
month, when Governor Wentworth objected to certain fea- 
tures of an act for granting the king a certain sum of 
money," the representatives would not make the changes 
recommended and refused even to send up the muster rolls 
which the governor wanted until the latter had given his 
assent to the act in question. In 1765 the house said it 
could not with any propriety proceed to the making of a sup- 
ply bill or any grant for the discharge of the province debts 
until it had the governor's determination on two bills 
that were before him.'' Repeatedly during the controversy 
over the question of dividing the province into counties the 
representatives declared that they would not grant a salary 
to the chief justice and his associates until a bill for the 
division of the ])rovince into counties was approved, and at 
last in 1768 they even refused to pass a supply bill until the 
o-rievance about the counties liad been removed.'" 

Then again, in 1746, when the governor requested the 
house to pay for one hundred and eighty barrels of powder 
that had been sent over, at the colony's expense, along with 
some cannon and other arms which the crown had presented 
to the colony," the representatives resolved not to pay for 
the powder, unless it was placed at the disposal of the gen- 
eral assembly and not left with the governor, to be disposed 
of as he thought best. 

As for the supply bills which were passed to defray the 

^ Provincial Papers, vol. vi, p. 518. ^ Ibid., vol. vi, p. 777, 1761. 
^ /bid., vol. vi, pp. 770, 7S1. ''Ibid., vol. vii, p. 74. 

^Ibid.. vol. vi, pp. 343, 750; vol. vii, p. i9>2, passim. 
'^ Ibid., vol. v, p. 424 et seq. 



375] ^^^ LEGISLATURE I^^ 

current expenses of the government and to discharge the 
province debts, the tendency was to have them drawn up 
more carefully and in greater detail. The result was that 
many of them resembled mere itemized accounts in which 
every person that was to receive money was named and 
every penny that was to be paid out was fully accounted for. 
The governor had absolutely no discretion in the disposal of 
the amount granted, his only duty being to issue his war- 
rants for the amounts named in the bills. 

It is thus evident that the house, which from the begin- 
ning regarded the question of the colony's finances as one 
in which it was chiefly interested and concerned, so increased 
its power in this direction as to become the controlling fac- 
tor in the financial affairs of the colony, constantly com- 
pelling both the council and the governor to yield under 
pressure to its demands. As the struggle between the vari- 
ous branches of the legislature over their respective powers 
in financial matters had not ceased at the time the provin- 
cial government was overthrown, it is difficult to say what 
the actual result of the conflict would have been, had the 
province remained under the control of Great Britain. 

In the domain of military affairs the lower house made 
perhaps greater inroads upon the prerogative than in any 
other. Notwithstanding the fact that the governor, as the 
executive head of the province, was clothed by his com- 
mission with as ample authority as any captain-general ever 
possessed, still he was never able even in the beginning to 
exert that authority to any very great extent. Naturally 
several causes contributed to this condition of affairs but 
the chief reason is to be found in the fact that the assembly 
controlled the purse. The governor might levy forces, 
command troops and issue orders, but without the necessary 
funds no campaigns could be made, no expeditions under- 
taken, no fortifications built, — in fact nothing of any import- 



1^4 ^'ElV HAMPSHIRE AS A ROYAL PROVINCE [375 

ance in the military line could be done without money. But 
aside from the control of the purse, the conditions under 
which New Hampshire developed, the influence which tlie 
more democratic government of Massachusetts exerted in 
the province and the inborn fear which as Englishmen they 
had of military despotism must all be borne carefully 
in mind in considering this subject. 

During the early years of the provincial period, govern- 
ors were allowed at times considerable latitude as to the 
disposition of the forces and the management of the cam- 
paigns, and this was especially true during the administra- 
tion of Governor Dudley ; but the tendency from the begin- 
ning was for the house to assume a m.ore and more im- 
portant part in the management of military affairs. It be- 
gan to designate the number of men to be employed, to 
specify the length of time they might be used and to fix 
the rate of their compensation. Then, too, the house in 
its votes often mentioned the kind of service the men were 
to render, the places they were to visit and the time they 
were to spend in each. In some cases even the amount of 
ammunition each was to be allowed was designated. It was 
left, of course, for the governor to issue the necessary or- 
ders for raising the troops and to see that the votes of the 
assembly were faithfully executed. Usually it was for him 
to say how many of the number granted were needed for 
the service required and for what time within the limit of 
the grant the men were to serve. 

Although in time of danger and in cases of emergency 
a governor would, upon the council's advice, order men to 
be enlisted or impressed for the defense of some exposed 
district, and would, as commander-in-chief, issue such or- 
ders as were necessary, still he had to exercise great care 
whenever he did so, for, as he could not use the provincial 
funds for sucli purposes without the assembly's consent, he 



2^jj-\ THE LEGISLATURE Iq^ 

was dependent upon the latter for support and it was never 
certain that the assembly would approve his course and pro- 
vide pay for the troops. Usually the governor's action was 
approved, but there were instances when men ordered out 
by the executive were refused compensation by the legisla- 
ture. From the attitude which the house assumed in such 
cases, it would appear that tlie governor was only justified 
in granting such aid as, in the opinion of the representatives, 
was really necessary to meet the emergency until the leg sla- 
ture had time to meet and act. Several times governors 
attempted to have a special fund set aside by the legislature 
to meet such emergencies but their efforts in this direction 
were unsuccessful, for in all such matters the house desired 
to be consulted. The consequence was that governors were 
virtually compelled to summon assemblies whenever the 
frontiers were threatened and ass'stance needed. 

It was also the policy of the house to hold the governor 
to a very strict account in carrying out its votes and resolu- 
tions, and, as a result, executives were compelled to exer- 
cise the greatest vigilance and care. Thus in June, 1745. 
when certain men were kept in service beyond the time set 
in the various grants, the house protested against it and, al- 
though it resolved to pay the men because they had been 
impressed and it would therefore be a hardship to keep them 
out of their money, nevertheless, it declared ^ that the pres- 
ent case " should not be deemed or urged as a precedent for 
this government's paying any men that may thereafter at 
any time be kept out on any occasion contrary to or without 
grant of the general assembly." And again in January, 
1756, the muster roll of James Neal, which amounted to 
more than the grant provided for, was ordered corrected and 
hroiight within the sum allowed for the thirty days men- 

^ Provincial Papers, vol. v, p. 352. 



ig6 '^E^^'' HAMPSHIRE AS A ROYAL PROVINCE [378 

tioned in the assembly's grant ;^ but a few days later, after 
considering the circumstances of the case, the account was 
allowed. 

The inability of the governor to use the provincial funds 
for military purposes without the assembly's consent effec- 
tually prevented him from exercising the most important 
military powers with which the commission invested him. 
Without the assistance of the assembly nothing of import- 
ance in the military line could be accomplished. Thus, in 
1754, in consequence of the mischief done in particular by 
the Indians at Stevenstown, the governor was advised by 
the council to enlist as many men as he thought were neces- 
sary.^ Although he immediately sent a cavalry detach- 
ment to the place and issued orders for the enlistment or 
impressment of fifty foot-soldiers, he had some doubts 
whether the latter could be prevailed upon to march, as it 
was not within his power " to engage pay and substance 
for the men for want of a proper fund in the treasury " for 
that purpose. ^Accordingly, he immediately convened the 
legislature in special session to consider the matter. How 
powerless he was to render effective assistance is well 
brought out in his message to the assembled delegates. 

As captain-general, said he, I am invested with power to as- 
semble the military force within my government upon many 
occasions, but neither horse nor foot can be sent under arms 
more than twenty-four hours or perform remote marches 
unless they are paid and subsisted. I have not been wanting 
in my duty in a point so essential to the well-being of all gov- 
ernments to press the assembly from time to time to make this 
salutary provision for the defence and safety of the frontiers 
by placing requisite sums of money in the treasury to be used 

"^ Proviyicial Papers, vol. vi, pp. 455, 45S, 459. 
^ Ibid., vol. vi, p. 2"]. 



379] THE LEGISLATURE igy 

only in emergencies and unforeseen exigencies, but hitherto 
I have not succeeded therein, which makes a great defect in 
the administration of government. In this season [mid- 
summer] I am under a necessity of convening the members 
of the general assembly at this unseasonable time, and to call 
upon you for advice and assistance in what manner I shall 
afford protection to the exposed frontiers, both with respect to 
the number of troops and the method of paying and subsisting 
them.^ 

As a result of the meeting,- the houses agreed that sixty 
men should be enlisted and paid for a period not exceeding 
two months, but they took no action with regard to setting 
aside a fund from which troops could be supported in cases 
of emergency. 

The aid granted, however, proved to be entirely inade- 
quate, for the trouble with the Indians was far more seri- 
ous than had been anticipated. The area of their depreda- 
tions having greatly increased, the entire frontier was soon 
in a state of the greatest terror and alarm. At this junc- 
ture, the council, finding that there was no money in the 
treasury except what was appropriated to particular pur- 
poses and that without money for the soldiers' subsistence, 
the latter could not be impressed, advised the governor to 
assemble the delegates again in order that their advice and 
assistance might be had. This being done, the legislature 
agreed to a further grant of fifty men to be enlisted or im- 
pressed for a period not exceeding six weeks. Although 
the danger had not entirely passed at the end of that period, 
the governor wrote to Col. Blanchard, wdio was in com- 
mand of the men, to dismiss them, unless they were willing 
to remain at the mercy of the assembly which he could not 

^ Provincial Papers, vol. vi. pp. 2q6, 297. 
'/did., vol. vi, p. 298. 



198 NEW HAMPSHIRE AS A ROYAL PROVINCE [380 

advise them to do/ Many, however, did remain beyond 
the time expressed in the grants, but when the legislature 
met they found they were allowed nothing for the extra 
days they served, and even the ammunition they used be- 
yond the amount allowed by the assembly in the grant had 
to be paid for out of their own pockets. At the request of 
Col. Blanchard, Governor Wentworth interposed in behalf 
of the men, declaring that an instance of the like kind could 
not be produced from the records of Parliament, but his 
endeavors in their behalf were unavailing.^ 

The next year Wentworth was again compelled to su.m- 
mon an assembly to consider the commands and recommen- 
dations of General Johnson relative to the Crown Point 
expedition, because " the essential things to be done, de- 
pended on grants to be made by the general assembly." " 
Then again in August. 1756, upon being acquainted with 
the contents of Lord Loudon's letter,* requesting immed'ate 
assistance, the council advised the governor to enlist or im- 
press two companies but not to begin the levies till the as- 
sembly had been consulted, " inasmuch as the expense that 
will attend the said levies and transportation of the men 
when ra'sed cannot be defrayed without they make pro- 
vision therefor." Three years later, upon receiving word 
that General Amherst desired 1000 mien, the governor asked 
the council what he should do in the matter and was ad- 
vised not to attempt to raise such a number as the legisla- 
ture had made provision for but eight hundred.'' 

Besides designating the number, fixing the pay, and pro- 
viding for the disposition of the forces, the assembly also 

^ Provincial Papers , vol. vi, pp. 28, 300. 301. 3ig. 

""/did., vol. vi, pp. 340, 341, 343- 

'June, 1755. Provincial Papers, vol. vi, pp. 30, 386. 

''Ibid., vol. vi, p. 33. ^ Ibid., vol. vi, p. 621, June. 1759. 



381] THE LEGISLATURE I^^ 

asserted the right to examine the muster rolls and later 
insisted that they be laid before both houses for approval. 
Usually the work of scrutinizing the rolls devolved upon 
a committee of the two houses, which made such changes 
and deductions as were agreeable to the votes previously 
passed by the legislature. This method of procedure pre- 
vented the men from being paid as promptly as they other- 
wise would have been and sometimes resulted in their be- 
ing kept out of their just dues for a long time, for, until 
the rolls had passed all branches of the legislature, no one 
could be paid. Th's was really a hardship for the men, 
for it was but proper that when the services had been ren- 
dered, their wages should be paid. Frequently it happened 
that the assembly did not meet until some time after the 
men were mustered out of service, and occasionally there 
would be some dispute with the governor which would 
greatly retard the work. Though the latter vigorously pro- 
tested against such delays, it was in vain. 

During King George's War. the lower house began to in- 
sist also upon having a voice in the appointment of the 
commissaries, physicians and surgeons who accompanied 
the various expeditions. When in March, 1745, the house 
passed a vote empowering the committee in charge of the 
expedition against Louisburg to appoint a commissary to 
go with the provincial forces, both the governor and the 
council asserted that neither the upper nor the lower house 
had anything to do with the appointment of such an officer, 
inasmuch as that power was vested in the governor only. 
Nevertheless Governor Wentworth declared that, if the house 
or the committee would select a person for the position, he 
would in the present case grant him a warrant. The fol- 
lowing autumn the house passed a resolve to have the 
commissary appointed by the general assembly and named 
Mr. Sheaf for the place, at the same time stipulating not 



200 ^EW HAMPSHIRE AS A ROYAL PROVINCE [382 

only that he should be under such orders and directions as 
the committee in charge of the expedition should see fit to 
give him but that he should also render to the general as- 
sembly from time to time an account of his proceedings. 
To this vote the governor, constrained by circumstances, 
reluctantly assented, but only after ordering a minute to be 
made in the council book to the effect that his assenting to 
the appointment of a commissary by the general assembly 
" should not be pleaded as a precedent in the future." ^ 
This failed, however, to produce the effect desired, for 
when a special convention was called the following year 
to make arrangements for raising and maintaining troops, 
the representatives inserted provisions in the bill for the 
appointment by the general assembly not only of a com- 
missary but of a chaplain and a surgeon also. Although 
the governor strenuously objected to these encroachments, 
the house woultl only yield on the question of the appoint- 
ment of the surgeon and chaplain, insisting to the last upon 
having a voice in the appointment of the commissary. 
Pvcalizing, however, that his veto might only serve to defeat 
the king's well-laid plans, he deemed it his duty to ap- 
prove the bill as it then stood. ^ And, again, during the 
last inter-colonial war, tlie house incorporated similar pro- 
visions, respecting the appointment of a commissary, a sur- 
geon and a chaplain by the assembly, in the bills which pro- 
vided for the enlistment and support of the troops then 
needed, and, as in the cases just cited, it ins'sted upon the 
governor accepting them all and regularly forced him to 
comply by doggedly refusing to pass the bills unless the 
provisions to which he objected were included.''' 

^Provincial Papers, vol. v, pp. 299, 300, 384, 776. 
^Ibid., vol. V, pp. 432, 433, 438, .^43, 819, 821. 

*Ibid., vol. vi, pp. 369, 370, Z7'i' 509, S". 512, 513, 5i5. 52i, 574. 671, 
passim. 



383] THE LEGISLATURE 20I 

The dispatch, too, of soldiers beyond the bounds of the 
province was ahvays looked upon with disfavor by the as- 
sembly, which in several instances protested against it, not- 
withstanding the fact that the governor's commission em- 
powered him to transfer men to any of the other colonies 
whenever the latter's defense required it.^ And on one oc- 
casion the house absolutely refused to make any provision 
for the maintenance of some men who had been ordered im- 
pressed by Governor Shute to take part in an expedition 
against the Indians in Maine. During the last French war 
the house was inclined to designate the territory within 
which the troops might be employed. For example, in 
1756, the troops could not be employed south of Albany 
or west of Schenectady.^ Against this practice not only 
did the English generals in America protest, but the author- 
ities in England also. Thus in February, 1757, when Wil- 
liam Pitt, the king's secretary of state, dispatched a circu- 
lar letter to the governors of the different provinces, he re- 
ferred to the matter of limiting the field of operations, say- 
ing the king desired that the troops should " act in such parts 
as the Earl of Loudon or the commander-in-chief . . . for 
the time being shall judge niost conducive to the service in 
general." Furthermore, he hoped that they " would exert 
themselves to the utmost to strengthen the offensive oper- 
ations against the French " and not " clog the enlistments 
of the men or the raising of the money for their pay, etc., 
with such limitations as have been found to render their 
service difficult and inefficient." ^ 

By the terms of his commission, the governor was em- 
powered, with the advice and consent of the council, to 
build, maintain and repair such fortifications as were deemed 

^ Ibid., vol. i, p. 438. -Ibid., vol. vi, p. 506. 

^ Provincial Papers , vol. vi, p. 596. 



202 ^'^■EfJ^ HAMPSHIRE AS A ROYAL PROVINCE [-^84 

necessary, but in practice he found it impossible to exercise 
this right without money.^ And for this he was dependent 
upon the assembly, which rarely did anything in this line 
except what would answer the immediate demands of the 
moment. The result was that the province never had any 
forts or fortifications of any great strength and even Fort 
William and Mary, the one fort that protected the province 
from an attack from the sea was, during the greater part of 
the provincial period, in such a wretched condition and in so 
<!efenseless a state that it would have easily fallen a prey 
to the French, had they made a sudden assault upon the 
place. 

It is Ihus clear that the encroachments of the assembly 
upon the governor's powers in the domain of military af- 
fairs were very great. In the conduct and management of 
the various campaigns, the house came to play by far the 
most important role, being able to force its will upon both 
governor and council. The result was that the governor 
was quite powerless to act or do anything of importance in 
the military line without consulting the assembly, which at 
last actually exercised the important military powers that 
the commission vested solel}^ in the executive and the king 
intended the latter should exercise. 

Encroachments were also made by the legislature upon 
the governor's power of appointment. For instance, when 
the governor declared his intention of appointing persons, 
either to accompany him on some mission pertaining to 
peace or war, or to act as commissioners for the province 
at such conferences as were called to discuss or devise plans 
and measures for the effective prosecution of a campaign, 
nr with a view to secure and cement peace, the house would 

^Provincial Papers, e.e.. vol. i. p. 43Q; Lares of New Hampshire, 
vol. j. pp. 53- 506, 6t6. 



385] THE LEGISLATURE 203 

often assert the right to have a voice in the appointment of 
the commissioners. 

During the early part of the provincial period, the ap- 
pointment of such commiss'oners hy the governor does not 
appear to have been questioned by the assembly. Some- 
times they would be named without consulting the house, 
while at other times the latter would be consulted in the 
matter and even requested to name one or more of the com- 
missioners. Later, however, the house claimed the right 
to have a voice in the appointment and was able in many 
cases to enforce its claim. And this it was able to do be- 
cause there were no funds in the treasury which the gov- 
ernor could use to pay the expenses of the commissioners. 
Consequently, if it was expedient or necessary to send com- 
missioners any distance or upon any mission necessitating 
the expenditure of much money, no matter how important 
it m'ght be, the governor had to have the assurance of the 
assembly that the bills would be paid.^ But the house not 
only claim.ed the right to have a share in the appointment, 
but it sometimes limited the commissioners' powers so that 
they could act only in accordance with such instructions as 
were received from the assembly. In some cases, they were 
required to present the report of their proceedings to the 
assembly and not to the governor only. 

But these were not the only attempts made to encroach on 
the governor's power of appointment. The cases of the 
commissaries, the chaplains and the surgeons who accom- 
panied the troops in the various campaigns have already 
been cited and the manner in which the house gained its 
point has been sufficiently explained. In 1743 the house 
also insisted upon sharing with the governor the right to 

'^Provincial Papers, vol. iv, pp. 458, 459; vol. v, pp. 112, 425, 516, 518, 
809; vol. vi, pp. II, 235, 27.3, 281, 283, 485. 637, 649, passim. 



204 '^^^ HAMPSHIRE AS A ROYAL PROVINCE [386 

appoint a triickmaster. The Indians having asked the gov- 
ernor to establish a truck-house *' wliere they might have 
such suppl}' as was necessar}/ for their furs," he laid the 
matter before the house, but that body informed him that 
it would not make any supply for that trade unless it 
had a voice in the appointment of the truck-rnaster. There- 
upon, the governor told the members that they seemed ab- 
solutely determined eitlier to force him to give up the pre- 
rogative or prevent the supply he promised. The former, 
he then assured them, he did not dare give up. Conse- 
quently, if they prevented him from keeping his engagements 
with the Indians, they alone would be answerable for the ill- 
consequences that might ensue. Thereupon the house voted 
to let the matter lie for further consideration. As a result 
nothing further was done.^ 

During the same decade, the representatives also at- 
tempted to have the right of appointing the recorder of the 
province vested in their house on the ground that the people 
whom they represented were the " persons chiefly concerned 
in interest and property." " But in the contest that ensued, 
the governor and council remained firm, with the result that 
the recorder was appointed as in the past by the entire 
legislature. 

In the same way, the representatives insisted upon the 
appointment, by the legislature, of committees upon whom 
devolved most of the duties which really belonged to the 
governor by virtue of his position as commander-in-chief of 
the provincial forces. How important some of these com- 
mittees were is to be seen from the duties they had to per- 
form. For instance," in 1746 one of the several committees 

^ Provincial Papers, vol. vi, pp. 221, 225, .?27. 
"^ Ibid., vol. V, pp. 177, 195, 205, passim. 
^ Ibid., vol. V, p. 433. 



;^Sy] THE LEGISLATURE 205 

appointed that year was empowered to provide and fit out 
transports and other vessels for the troops, procure arms, 
provisions, clothing and whatever else was necessary for 
promoting the expedition and do and transact every affair 
proper for a committee to do in relation to the undertaking. 
Even the bills of credit to be emitted were to be paid to the 
committee by a warrant from the governor whenever money 
was needed to carry out the assembly's instructions. Fur- 
thermore the committee was made responsible for the proper 
performance of its duties, not to the governor but to tlie 
general assembly, and it was in accordance with the votes 
and resolutions of the latter that they were to act.^ 

During the last French war, when the men were engaged 
beyond the frontiers of the province, it was usual to have a 
a committee, composed of members of the assembly, repair 
to some place such as Albany to transact on behalf of the 
province whatever business was necessary in connection 
with the expedition, agreeable to such instructions as were 
received from the assembly.^ 

Although the royal commission vested in the governor 
full power and authority to establish such courts of judica- 
ture and public justice as he and the council should think fit 
and necessary,^ nevertheless, the lower house claimed from 
the very beginning the right to cooperate with the other 
branches of the government in the establishment and regula- 
tion of the courts, and throughout the colonial period the 
representatives stoutly maintained that courts could only 
be constituted legally by an act of the entire legislature. 

'For similar committees vide, Provincial Papers, vol. v. p. 813; vol. 
vi, pp. 360, 507, 573, passim. 

^Ibid.. vol. vi, pp. 508, $22, passim. 

^ Ibid., vol. i, pp. 376, 437; Prox'incial La'ws of Nezv Hampshire, pp. 
50, 505, 615. 



2o6 ^'E^y HAMPSHIRE AS A ROYAL PROVINCE [^gg 

This was the view of President Cntt and the council at the 
time the provincial government was inst'tuted, for the first 
assembly ever summoned in the colou}^ passed an act ^ pro- 
viding for the establishment and regulation of the various 
courts. This law, however, was afterwards disallowed by 
the Crown. A little later courts were erected by order of 
Lieutenant-Governor Cranfield. When this was done, the 
assembly declared the executive had no such power and 
shortly afterwards peremptorily insisted upon nominating 
judges and appoint'ng courts itself.- The matter was also 
viewed with alarm throughout the province and caused con- 
siderable uneasiness among the inhabitants who. from hav- 
ing lived so many years under the commonwealth govern- 
ment of Massachusetts, had been accustomed to see such 
matters, wherein they were all so vitally interested, settled 
by their own representatives. The feeling was that the 
executive was usurping power. Accordingly, when a peti- 
tion was presented to the king against Cranfield there was 
included, among other charges, this one, that he had erected 
courts without the advice or concurrence of the assembly.'^ 
Later Cranfield himself admitted that the people seriously 
disputed his r.'ght to organize the courts, for, when called 
upon to draw up his answer to the charges preferred against 
him, he declared that he was " bound in modesty and duty " 
both to the king and to the Board of Trade to suspend exe- 
cutions in both Mason's and his own concerns until such 
time as the Crown should settle the question concerning the 
legality of the courts, inasmuch as the majority of the in- 
habitants were still of the opinion that the assembly ought 

^Provincial Papers, vol. i, pp. 305, 408: Cai. Stafe Papers, 1681-5, 

'■ Provinciai Papers, vol. i, p. 493. 
^ Ibid., vc). i, pp. 515, 547, 556. 



,39] '^^^" LEGISLATURE 20y 

to be joined with him in constituting theui.' During- the 
administrations ot Dudley and Andres wh'ch followed, the 
courts were constituted by the executive upon the advice and 
with the consent of the council." But with the restoration 
of the regular type of royal government under Usher, ih.e 
assembly again asserted the right to join with the go\ernor 
and council in the establ'shment of the courts. Then the 
creation and organization of the several courts were pro- 
vided for in an act passed by the general assembly, and 
thereafter wdiatever changes there were in ihe courts were 
made by a regular act of the legislature.'' The days on 
which the courts were to be held, the towns in which tliey 
were to sit, the jurisdiction of the various tribunals, the 
([ualifications of the jurors and the regulation of most of the 
fees — all these things were determined by legislative enact- 
ment. At the time the province was divided into counties 
the lower house insisted upon .sharing with the oiiier 
branches of the legislature the right to regulate and esrab- 
lish the courts in the varioMS counties, and finally made the 
governor and council yield on that issue.* The appoint- 
ment of the judges, however, remained as before in ihe 
hands of tlie governor, but, that there was a growing dis- 
position to have the tenure of their office made more secure, 
is evident from the message sent to the executive in 1769 
wherein the hope is expressed that his Majesty, upon ap- 
proving the act, would permit the judges' commissions to 
be made out in Ihe same form as to their continuance in 
force as the c^tnimissions of the judges in Westminster 
ETall.' 

^Provincial Paf-.t'rs. vol. i, p. 547. 

■/''"V/., vol. i, p. 5114: vol. ii. p. 17. 'W^:/.. vol. iii. ;>. i.'^.v 

'/A.';/., vol. vii. pp. [44, ;^5. i('^ -2'-+. r/ s.-'tj. 

'' /'')i(i. . vol. vii. \,. .:,^o. 






2o8 ^'E^^' HAMPSHIRE AS A ROYAL PROVINCE [3^0 

Although other instances might he cited where the lower 
house eitlier encroached or attempted to encroach upon the 
prerogative, it is clear, from what has already been pre- 
sented, that the representatives had greatly increased the 
powers and importance of their house at the expense of the 
other parts of tlic legislature, and these encroachments were 
in the main made possible through the control which the 
lower hor.se exercised over the purse. The result was that 
the position of the executive was materially weakened and 
the system of twc) houses with co-ordinate powers, as origin- 
ally intended by the king and still theoretically maintained 
in the ro3'al conimissions. was in reality destroyed. Al- 
though it is highly preibable that the lower house would 
ha\e made still further inroads upon the various powers of 
the governor and council, had not the Revolution broken 
out au'l swept away the r(\val government, it is impossible 
to sa}' h.ow successful it would have been in still further pur- 
suing th;;t policy, and it is simph" useless to speculate 
thereon. 



CHAPTER IV 
The Land System 

During the provincial period titles to land in the greater 
part of what was regarded by New Hampshire as her terri- 
tory were uncertain and open to question for a great many 
years. This was due partly to the claims which Mason 
had upon the province and partly to the disputes over bound- 
ary lines which arose between New Hampshire and the 
neighboring provinces of Massachusetts and New York as 
a result of the indefinite descriptions of the same contained 
in the royal commissions issued to the governors of the 
three provinces. As in the past, Mason's title was a dis- 
turbing factor and remained a potent element in the affairs 
of the province throughout the entire period. In 1740 the 
long-standing dispute with Massachusetts was finally de- 
cided by the king adversely to the pretensions of that pro- 
vince, but this settlement only served to open up a con- 
troversy with New York which continued, so far as the pro- 
vince was directly concerned, until 1764, when tlie dispute 
over the western boundary was determined in favor of 
New York. 

In the commission which was issued to President Cutt 
in 1679 Mason's claims received special consideration.^ It 
was stated that, in order to prevent any unreasonable de- 
mands being made by Mason in consequence of the decision 
of the English judges upholding the validity of his title 

^Provincial Papers, vol. i, pp. ^73, 381, 420. 
391] 209 



2IO NEW HAMPSHIRE AS A ROYAL PROVINCE [3C)2 

to the province, the king had " obliged " him to agree not 
to demand any rent for the time prior to June 12th hist 
past nor molest an)^ in the possession of what they then had 
but to grant them full titles for all the improved land which 
they held in consideration of the payment, from that date, 
of an annual rent of 6d. in the pound on the value of the 
land and buildings. As for the unimproved land, that was 
to be retained by Mason to be disposed of as he thought 
best. In case, however, any should refuse to agree to these 
terms the president and council were empowered to interfere 
and effect, if possible, a settlement. And, if an agreement 
could not be reached, they were to sentl such cases to Eng- 
land " fairly and impartially stated," together with their 
own opinion of the merits of each, that the matter might 
there be determined according to equity. 

Soon after his arrival in New Hampshire, Mason found 
that the people were by no means inclined to accept the 
terms mentioned, reasonable as they may have appeared 
both to him a.nd the king. In fact, with the view of nega- 
tiving his claim, in part at least, the assembly passed a law 
confirming all town grants and other grants of land within 
the province. Moreover, provision was made that all dis- 
putes involving titles to land should be tried by juries elected 
by the freemen of the various towns, and it was stipu- 
lated that the entire legislature should act as a court of 
appeal.^ Furthermore, in an address which was sent to the 
king in the summer of 1680, the inhabitants were repre- 
sented as being quiet under the shadow of his Majesty's pro- 
tection, fearing no disturbance except from some " pre- 
tended " claimants to the soil whom they trusted his Ma- 
jesty's clemency and equity would guard them against. 

^Provincial Papers, vol. i, pp. .?Q5. 3Q6. 403. passim; Laws of New 
Hampshire, vol. i, pp. 38, 40, 42, 43. 



393] THE LAND SYSTEM 211 

When, too, they considered that they had purchased their 
hinds from the heathen — the natural proprietors thereof — 
that they had long remained in quiet possession, uninter- 
rupted by any legal claim, and that they had defended the 
same against the savages at their own cost and with their 
own lives, they were encouraged, they said, to hope that 
they would be maintained in the free enjoyment of those 
lands, without being tenants to those who could show no 
such title thereto. Finally, they humbly suggested whether 
the practice of allowing appeals to the king in council, as 
prescribed in the royal commission, might not be used by 
malignant spirits for the purpose of obstructing justice 
among them/ Then again almost a year later, the presi- 
dent and council informed the king that their chief difficulty 
was with Mr. Mason's pretens'ons to the proprietorship of 
the lands of the province. Although some countenance, 
they said, was given to his claim in the commission, they 
could not but think that it had been obtained " by indirect 
means and untrue information," in which he abounded 
Moreover, they declared that the latter's statement that 
Captain Mason had spent great sums in the province, was 
" mostly if not entirely pretense," for most of the money 
" was spent in Ma'ne . . . and for carrying on an Indian 
trade in Laconia, in all of which his grandfather was but 
a partner." Furthermore, the captain was not expelled 
from the place but deserted it " many years before Massa- 
chusetts was concerned therewith or had extended their 
line, so far " north. Such, they continued, was the " af- 
fecting cry " of the poor, distressed inhabitants that the lat- 
ter bel'eved their only hope was in his Majesty's goodness, 
mercy, and equity. They, therefore, craved leave to speak 
for themselves, not doubting that they would be found loyal 

^Provincial Papers, vol. i, pp. 410, 412. 



212 ^ElV HAMPSHIRE AS A ROYAL PROVINCE [3^^ 

subjects and lawful proprietors of the lands they possessed. 
Since, they said, the king did not absolutely command them 
to own Mason as proprietor, they hoped they would not be 
counted as offenders for their " slowness " to become tenants 
to any subject — a thing which bore so ill among them in 
that vast wilderness whither their fathers had transported 
themselves in hope of better things/ 

Richard Martin, a member of the council and a strong 
opponent of Mason's claims, is reported to have said that 
neither the king nor Mason had any more right to land in 
New England than Robin Hood, and that the council was 
determined to op])ose him." Notwithstanding the fact, how- 
ever, that the council was against him. Mason declared to the 
inhabitants his right and expressed a willingness not only 
to confirm their titles but to grant them more land if they 
desired it. He also made the same offer to every member 
of the council individually. President Cutt accepted it and 
throuofh his influence Mason declared that one-half of the in- 
habitants came to him to have their lands confirmed, but soon 
afterwards, the ])resident died and Richard Waldron, hi? 
deputy, succeeded to the office. Judging from what Mason 
and those friendly to his interests say, the leaders of the op- 
position were Waldron, Martin and Rev. Joshua Moody, the 
minister whom Chamberlain, the secretary of the province, 
said wielded such extraordinary influence that he was vir- 
tually a member of the council and their archbishop. These 
men and others urged the people not to make any agree- 
ments with the proprietor. Sermons, too. were preached 
against it, and some were upbraided or threatened for ac- 
knowledging the proprietor's title, while the members of the 

' Calendar of State Papers, 1681-5, § 124; Neiv Hampshire State 
Papers, vol. xvii, p. 522. 

■ Calendar of State Papers, 168 1-5, §§69, 292. 



395] '^^^^ LAND SYSTEM 213 

council, it is said, went from house to house in the towns in 
which they lived, calling upon the people to oppose his pre- 
tensions. From the evidence at hand it appears that the 
opposition to Mason was general, extending throughout the 
province, and that only a few took leases of him. The 
notices which were issued forbidding the people to cut fire- 
wood or timber except after obtaining a license from the 
proprietor were disregarded. At last, to bring the matter, 
as he said, to a head, Mason summoned Waldron and the 
other leaders of the opposition to appear personally or by 
attorney before the king in council within three months, to 
set out their titles to the lands they possessed, in default 
whereof he intended to implore the king for a final judg- 
ment in his favor. Thereupon, the council issued a war- 
rant for his apprehension but before it was served, he left 
the country.^ 

Having found by experience that it was impossible to as- 
sert successfully his territorial claims when the government 
was hostile to him and he possessed no governmental rights 
with which to enforce them, Mason, upon his arrival in 
England, bent every effort to procure the establishment of 
a government in New Hampshire more favorable to his 
views. To further that object he surrendered to the Crown 
all the fines and forfeitures and one-fifth of the quit-rents 
and other revenues to which he was entitled as proprietor. 
His friends, too, and the discontented few in the province 
were also doing what they could to bring about a change. 
Officials in England, also, viewed with disfavor the proceed- 
ings of the president and council, while the Lords of Trade 
were highly displeased with the way in which the govern- 

^ Calendar of State Papers, 1681-5. ?? 107, 288, 997; Prince Society 
Publications, vol. xii. p. 112 et seq.; Provincial Papers, vol. i, pp. 423, 
429; vol. xvii, p. 560 et seq. 



214 ^^^^ HAMPSHIRE AS A ROYAL PROVINCE ^^^g^ 

ment was administered. They recommended that all the 
laws which had been passed by the assembly should be dis- 
allowed and advised the king to send over a person to settle 
the country in accordance with such commission and in- 
structions as were usually granted to royal governors. The 
result was that Edward Cranfield was appointed chief exe- 
cutive of the province.' 

In his commission the provisions respecting Mason's 
claims were in substance the same as those contained in the 
commission issued to President Cutt in 1679." To provide 
for the governor's more ample support, and to secure, we 
may believe, his interest. Mason mortgaged to him the en- 
tire province for twenty-one years as security for tb.e pay- 
ment of £150 annually for seven years. On December i, 
1682, less than two months after his arrival, Cranfield wrote 
a letter to the Lords of Trade in which he said that Mason 
had much misrepresented the whole matter, the place not 
being " so considerable nor the people so humored " as he 
reported. There were l)ut four towns in the entire prov- 
ince, he said, all of which had been greatly impoverished 
bv the late war and were in debt on that account to this 
very day. As for the people, they were very loyal to the 
king and respectful to himself and willing to do what they 
could in support of the government, but unable to do as 
much as had been pretended. Far however from being 
ready to admit Mason as tlieir proprietor, they were very 
slow to admit of anyone but the king, so that only a few, 
so far as he could learn, were willing to comply with his 
terms, the general desire of the people being for a deter- 
mination of the case by law. The course, therefore, which 
Mason had been pursuing was not, in his judgment, the 

^ La7t's of Nezv Hanit>^hirc. vol. i. p. 45- 

'^ Proviin-j a! Papers, vol. i. p. 441. 



,fi 



397] T'^^ LAND SYSTEM 215 

proper one, for it failed absolutely to produce the result 
desired. Had the proprietor instead asked for a trial on 
the spot, he would, he thought, have been nearer an end of 
his business than he then was. Thus far, Cranfield said, 
Mason had summoned but one person before him who had 
given reasons for refusing to agree to his terms. Upon 
finding that the people were " fixed in their opinion," Mason, 
upon Chamberlain's advice, pressed him to restrain the cut- 
ting of firewood, a measure which would have led to ill 
consequences had he consented to it, for without wood for 
firing and for merchandise the poor people would perish. 
In fact, had he 3nelded to the violent courses that Mason 
and Chamberlain had urged, he would have " greatly 
amazed and prejudiced the people " without promoting the 
king's interest, which was superior to that of any private 
individual. Further, he declared that, even if Mason did 
get 6d. in the pound on the value of all the improved lands 
in the province, it would not (for all his high talk about a 
fifth of the rent) amount to £100 a year.^ 

This last statement is found also in a letter which he sent 
to one of the king's secretaries of state. In this letter he 
asserted that if Mason should dispossess the towns of their 
unimproved lands, it would be impossible for above four 
or five families to subsist therein, for they would have no- 
where to feed their cattle. In fact, he declared that most 
of the people said they would be compelled to leave the pro- 
vince unless the proprietor accepted an acknowledgment for 
both the unimproved and the improved lands which they 
then enjoyed.^ 

In December Richard Waldron, the speaker of the 

' Calendar of State Papers, 1681-5, § 824; New Hampshire State 
Papers, vol. xvii, p. 570. 
'Ibid., vol. xvii, p. 579; Calendar of State Papers, 1681-5, §841. 



2i6 NEW HAMPSHIRE AS A ROYAL PROVINCE [30^ 

assembly, also wrote to the Board of Trade. Speaking in 
behalf of the representatives, he said that, although Mason 
had " tried hard to fill the world with the equity of his claim 
to the property of the soil," they hoped they had done noth- 
ing to forfeit the right, which as Englishmen they enjoyed, 
ihe right namely to have the question decided on the spot 
and not be condemned unheard. " We have confidence." he 
asserted, " in the justice of our cause and trust that the in- 
terests of a whole community will be preferred to those of a 
single subject.^ 

By the close of that same month, Cranfield's views had 
undergone a complete transformation. " Let it not seem 
strange to your Lordships," said he. on December 30th, 
" that in so short a time the matters in this paper appear 
so different from my former discourse to your Lordships." 
All the council and many of the chief inhabitants are part 
of the grand combination of church members and congre- 
gated assemblies throughout New England and by that 
they are so much obliged that the prejudice of any one, if 
considerable, influences the whole party. As long as the 
preachers exert themselves against the royal authority as 
they do now, he would not know where to turn for honest 
men to administer justice. In fact, he would not be able 
to carry on the government for any length of time unless 
power should be given him to remove such of them as dis- 
turbed the peace of the government." Anil again, less than 
a fortnight later, he wrote that it was absolutely necessary 
that the government in Massachusetts should have power to 
appoint and remove ministers for they have such influence 
and are so turbulent that, unless that power is conferred 
upon governors, even he in the small province of New 

' Calendar of State Papers, 1681-5. § 842. 

"^ Nexv Hampshire State Papers, vol. xvii. p. 575. 



399] T^^^^ LAND SYSTEM 217 

Hampshire will not be able to govern the people. He then 
referred to the attitude which the inhabitants had assumed 
toward Mason and declared that it was his opinion that an 
order should be issued to allow trials between the proprietor 
and the ter-tenants, for in that case the latter would, he 
thought, come to terms with Mason " rather than be at the 
charge and trouble of defending a bad title and answering 
his appeals in England." ' Ten days after this was writteii, 
he dissolved the assembly which had refused to pass ihe 
measures that he desired and advocated. Thereafter, in 
consequence of the tyrannical policy which he then adopted, 
the break between the representatives and himself rapidly 
widened, so that further legislation was almost impossible. 
Consequently, during the remaining years of his administra- 
tion, only one act was passed, and that was for the sup- 
pression of piracy, the enactment of which had been re- 
quested by the home government." 

Although some took leases of Mason, most of the people 
refused, as during the previous administration, to acknowl- 
edge his title. After waiting a year actions were inst'tuted 
against the principal landholders, that the rest might see on 
what ground the proprietor stood and w'hat defense the 
tenant could make. But, when the first case came to trial, 
the defendant, Richard Waldron, to prevent the case being 
tried, challenged the entire jury as interested persons, since 
every one of them either held leases of Mason or lived on the 
lands which he claimed. To overcome this objection, the 
jurors all took an oath to the effect that they were not in- 
terested in the lands in question and would neither gain 
nor lose by the cause." Thereupon, Waldron declarerl tliat 

^ New Hampshite State Papers, vol. xvii, p. 580 et seq.: Calevdar of 
State Papers, 1681-5, ^885. Jan. 10. 16R3. 
"^ Ibid., 906. Jan. 20th. 
^This. in law, is called tlic oath of loir dire. 



2i8 ^^ElV HAMPSHIRE AS A ROYAL PROVINCE [400 

his was a leading case, that it concerned them all, and that, 
if he lost, all of them must become tenants to Mason. Then, 
he again asserted that, since they were all interested in the 
issue, they could not legally serve on the jury. As the trial 
continued, he produced no deed or record of his title, of- 
fered no evidence in support of it, and made no defense 
whatever. Judgment was then given in favor of Mason. 
In the many suits that followed, the defendants pursued the 
same course while tlie jury regularly returned the same 
kind of a verdict. It is said that a standing jury was kept 
from month to month to try such cases and that the actions 
were disposed of in short order. Of the many executions, 
however, only a few were actually levied, as it was almost 
impossible to get persons to buy or lease the lands thus 
gained. Apparently convinced of the justice of his cause, 
Mason, in order to remove all ground for dissatisfaction, 
offered to waive the benefit of the judgments thus obtained 
and submit the cases to trial in Westminster Hall, provided 
the appellants gave proper security. Of the many suits tried 
however, only one came before the king on appeal.^ 

During this administration the various courts of justice 
were created by order of the lieutenant governor and coun- 
cil and the judges were appointed, as provided in the royal 
commission, by Cranfield himself. He likewise named the 
sheriff who, under the law passed by the assembly, selected 
the jurors, as was the custom then in vogue in England. 
Thus, Cranfield and his friends were in a position to con- 
trol the judges and influence the make-up of the juries. 
The right, however, of the governor and council to estab- 
lish courts of justice was seriously disputed both by the as- 
sembly and the people in general. Moreover, the former 

' Calendar of Stale Papers, 1681-5, §§ 475, ^508. i6u8, 1895, 1898; New 
Hampshire Stale Papers, vo!. xvii. pp. 591, 594; Provijicial Papers, 
Vi)!. i. p. 503 iV scq. 



4oi] THE LAND SYSTEM 219 

had even insisted, but without success, upon nominating 
judges. People, too, complained that the charges of the 
various actions were unduly raised and excessive fees ex- 
acted. When, therefore, charges were preferred in England 
against the lieutenant governor, these matters were in- 
cluded among them. Upon being informed of the latter 
Cranfield ordered all the suits in which Mason was inter- 
ested suspended until the authorities in London had ren- 
dered a decision as to the legality of the courts, the estab- 
lishment of which most of the people, he said, thought 
should have been by an act of the legislature. In the re- 
port which the Lords of Trade submitted to the king in 
council concerning the charges, it was stated that Cran- 
field, instead of pursuing his instructions with reference to 
Mason's claims, had caused courts to be held, titles of land 
to be decided and exorbitant fees to be charged, without 
first representing the particular cases to the king as his 
instructions specifically commanded him to do whenever he 
found it was impossible to effect a settlement between the 
proprietor and the ter-tenants. That, however, the differences 
between them might be finally determined, the Board sug- 
gested that William Vaughan, one of the complainants then 
in England, should be allowed to bring his case on appeal 
to the king within a fortnight, that his Majesty might have 
an opportunity of judging as to Mason's right and title to 
the province. Meanwhile, pending a decision in that case, 
all suits, in which Mason's title was a factor, were to be 
suspended. After taking the report under consideration, 
the king signified his approval of it. Accordingly, Vaughan 
brought forward his appeal, but, in November, 1686, the 
case was decided against him.^ After this decision was ren- 

^ Provincial Papers , vol. i, pp. 493. 5I5. 547- 564, S6Q. S70. 573- passim; 
Neiv Havtpshire State. Papers, vol. xxix, p. 131. 



J20 ^ElV HAMPSHIRE AS A ROYAL PROVINCE r m-? 

dered, Mason, who was then a member of the New EnQ:- 
land council, resolved to take advantage of it. Accordingly 
steps were taken with this object in view but before anything 
of importance was accomplished, he died. 

After Mason's death, in i6S8, there was a lull in the strup-pie 
for the ownership of the lands of the province, but in a few 
years the contest was renewed. By that time, however, 
his heirs had sold the right and title to the province which 
he had bequeathed to them. Having entered into an agree- 
ment with Samuel Allen, of London, to sell to him all their 
possessions in New England,' Mason's sons, John and 
Robert, for the purpose of docking the entail, sued out a tine 
and recovery in the Court of King's Bench in England, (the 
lands in question being considered by a fiction of law as ly- 
ing in England in the parish of Greenwich). This done, 
they formally transferred to Allen their title to the prop- 
erty, for the sum of £2750 sterling.^ In order to 
strengthen his case, Allen procured the insertion, in the new 
charter which was granted to Massachusetts late in 1691, 
of a clause which reserved to him whatever right and title 
he might ha\^e acquired from the Masons to any of the 
lands within the confines of that colony. Moreover, as the 
towns north of the Massachusetts line were at the time un- 
der the protection of the Bay government, he deemed it 
prudent for the protection and advancement of his interests 
there to do what he could to have New Hampshire again 
erected int(j a royal province, of which he was to be the gov- 
ernor.^ In this he was successful, for when it was finally 
determined to issue a royal commission for the government 

' Nezv Hampshire State Papers, vol. xxix, p. 143. Mason died at 
Esopus on the Hudson, while visiting with Gov. Andros the New York 
settlements. 

"^ Ibid., vol. xxix, pp. 145, 148, 155. Date, April 2T , 1691. 

'Record Oftice, Colonial Etttry Book , vol. Ixvii, pp. 182, 183, 193. 



403] 'i'HE LAND SYSTEM 221 

of the four towns, he was designated as the governor, while 
his son-in-law, John Usher, was appointed lieutenant gov- 
ernor with power to execute the commission in his absence. 
Although some were disposed to take leases of Allen, the 
majority of the inhabitants refused to have any dealings 
with him respecting their estates. For some years the 
country was so involved in war that the new proprietor did 
not deem it advisable to prosecute in the courts his claims 
to the soil. After peace had been restored, however, and the 
province had recovered somewhat from the distressing ef- 
fects of the war, suit ^ was instituted against Colonel Rich- 
ard Waldron, who was one of the principal opposers of the 
Masonian title. The verdict being against him in the pro- 
vincial courts, Allen moved to have the case taken on appeal 
to the king, but the judges, following the precedent set by 
Massachusetts, refused to allow it. When word was re- 
ceived in England that the province had declined to admit 
appeals to his Majesty, the king was highly offended, and 
through the Board of Trade he took occasion to inform the 
Earl of Bellomont, who was then governor not only of New- 
Hampshire but of Massachusetts and New York also, 
that it was a matter he ought to watch very carefully against 
in all his governments. 

After drawing up a petition of appeal to the king, Allen 
sent Usher, to whom on the i^^th of October, 1701. he had 
mortgaged one-half of the province for £1500, to England 
to act in his behalf and to solicit again for himself the 
lieutenant governorship of the province. Usher's departure 
seems to have alarmed the leaders of the opposition," which 
finally decided to send over an agent to act in the interest 

^This was in 1700. 

'Usher had been displaced in 1696 by Partridge as lieutenant gov- 
ernor. Record Office, Board of Trade Papers, Neiv England, vol. xi, 
bundle M, p. 29; Ne-cv Hampshire State Papers, vol. xxix, p. 159. 



222 ^ElV HAMPSHIRE AS A ROYAL PROVINCE [404 

of Richard Waklron, the expense of the mission being borne 
by the province, inasmuch as Walclron's case vitally con- 
cerned all the inhabitants. 

After hearing both parties, the Lords of the Committee 
for hearing appeals from the Plantations reported, that, as 
no proof had been offered, showing that Mason had ever 
been legally in possession, the judgment recovered by Wal- 
dron should be affirmed, but as the judgnient was not final 
in its nature, Allen should " have liberty to bring a new ac- 
tion of ejectment in tlie courts of New Hampshire in order 
to try his title to the propriety of the lands in question, or 
to certain quit-rents payable out of the same." Moreover, 
in case upon such trial any doubt in law should arise, the 
jury should, they thought, be directed to find the matter 
specially, that is, what title the appellant and defendant sev- 
erally made out to the said lands and these points of law 
should be reserved to the court before whom the same was 
tried ; or if, upon such trial any doubts should arise con- 
cerning the evidence given at such trial, such doubts should 
be specially stated and taken in writing, to the end that, in 
case either party should think proper to appeal to her 
Majesty in council from the judgment of the court, her 
Majesty might be the better able to render a final decision 
in the case. Upon the 17th of December, the Queen in 
council formally signified her approval of the report and 
duly affirmed the judgment.^ 

While this appeal was pending, Allen presented a peti- 
tion to the queen, stating that, although some people took 
leases from him, many others refused to pay him any quit- 
rents or allow him any rights in the lands within the pro- 
vince. Furthermore, he declared that the government, not- 

' Record Office, Board of Trade Papers, vol. xi. bundle L, p. 39; 
Provincial Papers, vol. ii, p. 545. 



405] '^^-S LAND SYSTEM 223 

withstanding the fact that h:s title had been formerly ap- 
proved and allowed by Charles II, kept him out of the waste 
and unimproved lands, so that it was impossible for him to 
enter into possession of the same without special orders from 
her Majesty. He, therefore, prayed that the governor be 
commanded to permit him to enter upon and enjoy the lands 
in question/ In due time this petition was referred to the 
attorney general for his opinion upon three quest'ons. — ist, 
whether Mason had a right to the waste lands of the pro- 
vince, 2d, what lands ought to be accounted waste, and 3d, 
by what methods could the queen put him in possession 
thereof. In the spring of 1703, that official reported that 
Allen had a good title to the waste lands of the province; 
that all lands lying uninclosed and unoccupied should be 
reputed waste; and that, if he should be disturbed in the 
possession thereof, it would be proper for him, inasmuch as 
her Majesty has courts of justice within the province, to as- 
sert his right and punish the trespassers by legal proceed- 
ings in those courts, but that it would not be proper for her 
Majesty to interpose unless the question should come be- 
fore her on appeal from those courts, except that it might 
be reasonable to direct, if Mason insisted upon it at the 
trials, that matters of fact be found specially by the juries 
so that they might appear before the queen in case appeals 
should be made from the judgments rendered by the pro- 
vincial courts.' 

Sometime afterwards a royal letter was sent to the gov- 
ernor, embodying the essential features of the attorney 
general's report, and directing him in any future trial to de- 

' Record Office, Board of Trade Papers, New England, vol. xi. 
bundle L. p. 20. 

^Record Office. Board of Trade Journals, vol. xv, p. 397; Nem 
Haynpshire State Papers, vol. xxix, p. 296. April 5, 1703. 



224 '^^^'' HAMPSHIRE AS A ROYAL PROVINCE [406 

mand a special verdict, if Allen insisted upon it, so that the 
questions of fact might on appeal be referred to the queen 
for final determination. On the loth of February, 1704,^ 
Governor Dudley informed the two houses that he had re- 
ceived a letter from the queen respecting the waste lands. 
Moreover, he told them that nothing would tend more to 
their quiet and repose or to her Majesty's just satisfaction 
than to have an amicable and quiet issue in that matter. 
" The last judgment upon the appeal," said he, " makes 
you sensible of her Majesty's equal administration of jus- 
rice to all her good subjects, and I desire your regard to her 
Majesty's directions in what remains, which may give a 
like instance and satisfaction of your obedience." " In re- 
ply, the representa.tives requested him to represent to the 
queen, that they were sensible of her regard for justice in 
the late trial. Furthermore, they desired him to say that 
the inhabitants did not claim all of the province but only 
tlie property of such land as was contained within the 
bounds of their towns, which was less than one-third of the 
wdiole and had been possessed by them and their ancestors 
for more than sixtv vears. .\s for the other two thirds, 
they had no objection to Allen having it. In fact, they 
would be glad to see it planted and settled for the better 
security and defense of the whole. At the same time they 
hoped it was not her Majesty's intention to deprive them of 
such timber and fuel, and their cattle of such herbage as 
might be found on the unenclosed lands within the bounds 
of their present towns, for without these they said they 
could not subsist, it being unusual to fence in any more land 
than what was actually needed for tillage, the rest remain- 
ing unfenced. being used as a common pasturage for their 

' 1703-4. 

'^Provincial Paper's, vol. iii, p. 272. 



407] T-H^ LAND SYSTEM 225 

cattle and as a common domain out of which the inhabitants 
got such timber and fuel as they needed/ 

Having availed itself of the opportunity which was of- 
fered during the time that Partridge was lieutenant gov- 
ernor, the legislature, in the fall of i/Oi, had passed two 
acts, the express purpose of which was to secure to the 
towns and to the inhabitants respectively the lands which 
each then claimed and possessed." One of these designated 
and determined the bounds of the several towns of the pro- 
vince, while the other confirmed as good and valid all grants 
of land which had been made to any persons by the in- 
habitants or by the selectmen or by any committee of the 
respective towns, " any law, usage or custom to the con- 
trary notwithstanding." As the royal approbation of these 
acts would have effectually prevented Allen from ever re- 
covering possession of some of the most valuable lands he 
claimed within the province, he used such influence as he 
possessed to have the same disallowed. After taking them 
under consideration, Sir Edward Northey, the Attorney 
General, reported to the Board of Trade,^ that the act con- 
firming town grants ought to be repealed because no regard 
was had to, or any reservation made of, the rights of any 
persons who were entitled to the lands in question before 
such grants were made, while the act determining the 
bounds of the several towns was fit for repeal, if it trenched 
upon the rights of particular persons. Thereupon, the 
board advised the queen to disallow both acts, which she did 
by an order in Council, dated November 11, 1703.* 

^Provincial Papers, vol. iii, p. 275. 

* Ibid., vol. iii, pp. 153, 226, 228. Two acts similar to these had been 
passed during Cutt's administration, but the king had disallowed them. 

'August, 1703. 

* Record Office, Board of Trade, Nezu England, bundles M, p. 46, 
and N, p. 21; Provincial Papers, vol. iii, p. 228. 



226 ^'E^y HAMPSHIRE AS A ROYAL PROVINCE [408 

Backed by the royal commands, Allen took possession 
" by turf and twig " not only of the common lands within 
each township, but also of all the lands beyond those bounds/ 
He also published an order, forbidding all persons to fence 
in or occupy any of the waste lands or cut any timber or 
wood upon the same unless they first obtained from him 
leases, which he said he was ready to give " on very reason- 
able terms." " Although a few were disposed to recognize 
his claims, the majority, as in the past, refused to coun- 
tenance theni.^ Meanwhile, the governor was working 
along the lines of least resistance with the view of harmon- 
izing the conflicting interests and having the matter brought 
to a speedy determination. On the other hand, Usher, who 
had been re-appointed lieutenant governor in 1703 * but was 
under express orders not to intermeddle in any way with 
the appointment of judges or juries in matters pertaining to 
the dispute between Allen and the inhabitants,^ was by his 
conduct creating discord. Instead of endeavoring to pre- 
serve the status quo in governmental affairs, pending the 
settlement of Allen's case. Usher, soon after taking office, 
determined to make some changes which were not calculated 
to preserve harmony. He first made up his mind to dis- 
miss John Hinckes from his post as captain of the fort. 
Upon hearing of this, Dudley informed him that he was 
sorry there was an misunderstanding between him and 
Captain Hinckes, because the latter was a member of the 
council and also chief justice. On account of Allen's af- 

' Belknap, History of New Hampshire, vol. i. p. 317. 

-Record Office, Boatd of Trade, New England, bundle O, p. 24, 
December, 1703. 

"■Ibid., bundle P, p. 6. 

* Frovijicial Papers, vol. ii, pp. 405, 40b. 

'' Board of Trade Papers, New England, vol. xi, bundle M, p. 2g. 



409] ^^-^-E LAND SYSTEM 22/ 

fair he did not think it prudent to deal harshly with such a 
man. As these words failed, however, to produce the de- 
sired effect, he again urged the lieutenant governor to come 
to a good understanding with the captain, saying that no'di- 
ing would please him better and that he would exert himself 
to the utmost to bring it about as soon as his health per- 
mitted. As Usher was also bent on removing several other 
officers, Dudley, to prevent as much mischief as possible, 
gave the lieutenant governor to understand that thereafter 
he would sign all commissions for New Hampshire him- 
self. About this time too Usher seems to have had a mis- 
understanding with Colonel Allen, for in the spring of 1704, 
the governor informed the Board of Trade that it might 
prove the greatest obstruction to a settlement of the case.^ 

As most of the inhabitants still refused to countenance 
his claims, .Mien at last determined to bring the matter to 
an issue in the courts. Since it was necessary to make use 
of some of the records, containing the judgments which 
had been formerly obtained by Mason against various per- 
sons in the province, application was made to the recorder 
of the province for permission to inspect them. Upon ex- 
amining the book containing the records desired, it was 
found that it had been mutilated, some twenty-four pages 
having been cut out.^ These pages undoubtedly contained 
the evidence upon which Mason had procured the verdicts 
in his favor, and the decrees of the court in those cases. 
In consequence of the mutilation, the latter were obliter- 
ated so that there was no judicial evidence that Mason had 
ever obtained possession. The result was that the work 
had to be begun anew. Upon making the discovery,* 

^ Board of Trade Papers, New England, vol. xi, bundles N and O. 
'Ibid., vol. xi, bundles A, pp. 18, 56. O, p. ii. 
•^ Provincial Papers , vol. iii. p. 297. 



228 ^ElV HAMPSHIRE AS A ROYAL PROVINCE [^^iq 

.Vllen petitioned the governor to take the matter under con- 
sideration and grant him, if possible, some rehef. Upon 
inquiry, it was found that the records had been in the pos- 
session of Richard Chamberlain from 1682 until the Re- 
volution of 1689, when they were forcibly taken from him 
by Captain John Pickering. Later, through the efforts of 
Usher, they were lodged in the office of the secretary, where 
they remained until they were delivered by order of Lieu- 
tenant-Governor Partridge and the assembly to Major Wil- 
liam Vaughan. Upon the latter's appointment as agent 
for the province in England the books were turned over to 
Samuel Penhallow, in whose possession they were at the 
time when the inquiry was instituted. Upon being ex- 
amined, Penhallow testified under oath that he had received 
the books of records in such form as they then were and 
particularly the book in question, "out of which twenty-four 
leaves were cut in the same manner as it is now seen " by 
the council. What person was responsible for the mutila- 
tion the inquiry failed to disclose, but as the records, dur- 
ing the entire period from 1682 to 1702, with the exception 
of the years when Pickering and Vaughan had them, were 
in the hands of those who were favorably disposed to 
Allen's claims, it is probable that the mutilation was done 
either when Pickering had the records or during the time 
when they were in the possession of Vaughan; for both of 
these men were active and bitter opponents of Mason's 
claim and had everything to gain by suppressing or destroy- 
ing the records of Mason's judgments. Under the circum- 
stances, therefore, the governor and council could do noth- 
ing but pass an order giving Allen permission to further 
search the records for such papers or documents as might 
in any wa}' concern his affairs in the province.^ 

^ Provincial Papers , vol, iii. p. 299. 



41 1 ] THE LAND SYSTEM 229 

Finally, a test case was instituted by Allen against Wal- 
dron. Both parties agreed that it should have a full trial, 
while Dudley announced that he would be present to see 
that the queen's commands were obeyed and a special ver- 
dict rendered accordingly.^ Writing to the Board of Trade 
in October, 1704, the governor said that he was sorry he 
could not influence the matter to a present agreement but 
he was convinced that, if judgment was once rendered by 
her Majesty in Council against one of the ter-tenants of any 
value, the whole province would immediately submit. Al- 
though he twice ordered the court adjourned ^ so that he 
miight be present when the case was called, the trial was 
finally held without him, as he was unavoidably detained on 
the road while on his way from Boston to attend the Court. 
Although the royal orders directing the jury to bring in a 
special verdict were read, the jury refused to comply with 
them but found for the defendant with costs. ^ Thereupon, 
Allen gave notice of an appeal to the governor and council. 

Notwithstanding the fact that the verdict was against 
Allen, it was fully realized that the controversy over titles 
to land within the province was by no means ended. As 
Allen was disposed to treat with the inhabitants on very 
favorable terms, the latter were inclined to enter into an 
accommodation with him. Availing himself of the fair op- 
portunity, which thus presented itself, of ending all differ- 
ences between the opposing parties,* Dudley, on the 26th of 
April, 1705, communicated his views on the subject to the 
legislature, which in turn voted that a meeting should be 
held in every town within the province, at which the free- 

' Record Office, Board of Trade Papers, New England, bundle P, 
pp. 6, 7. 

^Ibid., p. 46. ^ Ibid., bundle R, pp. 16. 17. 

*Ibid., bundle P, p. 46. 



230 NE^y HAMPSHIRE AS A ROYAL PROVINCE [412 

holders of each town should choose two of their own num- 
ber as commissioners, fully empowered to meet at Ports- 
mouth on the I St of May and there join the members of the 
assembly, " to discourse, debate and determine what may 
be most advantageous for the benefit of the province, relat- 
ing to Mr. Allen's claims to the same." ^ 

At the meeting, which was held in Portsmouth, it was 
resolved that the inhabitants had no claim or challenge to 
any part of the province beyond the bounds of the four ori- 
ginal towns and the hamlets of New Castle and Kingston, 
and that, as far as they were concerned, Allen might peace- 
ably hold and enjoy the great waste beyond the heads of 
those towns, if her Majesty should so decide, being assured 
of such aid and encouragement in the settlement of the 
same as the inhabitants might be able to render. More- 
over, if Allen quit-claimed to the inhabitants the lands with- 
in the respective towns and guaranteed the same to them 
free from mortgage, entailment and all other incumbrances, 
they would agree, provided the queen approved this method 
of settlement, to lay and lot out to Allen 500 acres of land 
in Portsmouth and New Castle; 1500 acres in Dover; 1500 
acres in Hampton and Kingston, and 1500 acres in Exeter. 
In addition to that, they would agree to pay Allen £2000 
current money of New England. Furthermore, they would 
consider " all contracts and bargains formerly made between 
Mr. Mason and Mr. Allen and any of the inhabitants or 
other of her Majesty's subjects which were bona fide for 
lands or other privileges in the possession of their tenants 
in their own just right ... as good and valid;" but if 
any of the purchasers, lessees or tenants should refuse to 
pay their just proportion of the money which the inhabitants 
agreed to pay to Allen, then the sums, assessed against such 

^Provincial Papers, vol. iii, pp. 305. 3o6, 355. 



413] THE LAND SYSTEM 231 

persons, should be deducted from the £2000 above men- 
tioned. Finally, all actions and suits concerning lands were 
to cease, determine and be void until her Majesty's pleasure 
in the matter was made known/ 

Having agreed upon these resolutions and propositions, 
the assembled delegates ordered that they should be pre- 
sented to Allen for his acceptance. But " so desirable an 
issue of the controversy was prevented by his sudden death, 
which happened on the next day." 

Concerning this offer the governor, in a letter written to 
the Board of Trade a few days after Allen's death,- said 
that it was a heart}'^ recognition of the proprietor's title and 
he had no doubt but that, if peace came, £4000 at least could 
be made out of the 500,000 acres conceded to Allen, inas- 
much as it was much better land than any already planted ; 
while the 5,000 acres which were reserved to him within the 
limits of the several towns would, he thought, make good 
farm lands and " presently sell for £1000." He expressed 
the belief that Allen would have accepted the offer. Al- 
though he did not then know what Usher or Allen's son 
would do in the matter, he assured the board that they 
could rely upon his hearty cooperation; but, he added, " Mr. 
Usher will not be capable of being served by me, being so 
very unlike Mr. Allen's even and agreeable temper." Al- 
though he twice adjourned the appeal which Allen had pre- 
viously made to the governor and council in the hope that 
the proprietor's son and heir, who lived in London, would 
appear, he informed the Board in November that he was 
fully convinced the issue would be the same before the coun- 
cil, as all the members were tenants in the province. " It is 

'^Provincial Papers, vol. ii, p. 548; vol. iii, p. 275; New Hampshire 
State Papers, vol. xxix, p. 165. 

'Record Office, Board of Trade, New England, bundle P, p. 46; 
letter dated May 9, 1705. 



232 NEW HAMPSHIRE AS A ROYAL PROVINCE \^i^ 

most certain," he said, " there is not one person in the pro- 
vince of New Hampshire, councillor, judge or juryman, 
who will ever be found to do that title right," because all 
of them are " concerned in the lands of the province." ^ 

From Usher's letters, it appears that the offer was not 
regarded by him as favorable to Allen. He was of the 
opinion that one foot of land by the sea-side was more 
valuable than one hundred feet in the interior, and he told 
the Board of Trade that he did not think the offer would 
have been accepted by Allen, had he lived. As for him- 
self, he was in favor of having the case go on appeal to Eng- 
land as it would be "very prejudicial to Mr. Allen's interest" 
to have it tried again in the province just at that time." 

As for Thomas Allen, the late proprietor's son and heir, 
he did not come to America as the governor expected, but re- 
mained in England, where he preferred a petition to the 
queen, praying that the appeal which was abated by his 
father's death might be revived in his name.^ The attorney 
general, however, to whom the petition was referred, declared 
in March, 1706, that the appeal could not be revived, a new 
writ of error being necessary. Furthermore, he said it was 
not advisable for the Crown to prohibit the tenants in pos- 
session from committing waste pending the suit, because the 
verdict had been found against the petitioner's title.* Soon 
afterwards Allen presented another petition, as the result 
of which a royal order was issued which not only gave him 
permission to bring a new writ of ejectment but revived 
the orders which had been previously issued respecting the 
finding of a special verdict.'' 

•Record Office, Board of Trade, New England, bundle P, p. 78. 
^Ibid., bundle R, p. 17; bundle O, p. 11. 
^Ibid., bundle P. p. 43. 'Ibid., bundle Q, p. 36. 

^Provincial Papers, vol. ii, pp. 544, 545- May 16, 1706. 



415] THE LAND SYSTEM 23^ 

Accordingly a new writ of ejectment was issued against 
VValdron. As before, however, the case was decided against 
Allen, whose counsel immediately carried it on a writ of 
error to the Superior Court, where the decision of the lower 
court was confirmed. Although a special verdict had been 
demanded and the jury had been sent back to further con- 
sider the case and observe her Majesty's directions to find 
specially, it refused to alter its verdict. Judgment, there- 
fore, was ordered entered for the defendant.^ At this trial 
Waldron grounded his right of possession upon an Indian 
deed of 1629, and in support of his contention, he laid be- 
fore the Court what is now known as the AVheelwright deed, 
of May 17, 1629.- As Captain Mason did not receive his 
first grant of New Hampshire until November of that year, 
the object which Waldron had in view in offering it as 
evidence is obvious. When presented to the court, it ap- 
pears to have been regarded as genuine, but soon after- 
wards it was suspected by some to be a forged document, 
and now it is generally regarded as such. Usher, in a 
letter to the Board of Trade says, " upon enquiry, Wheel- 
wright came into the country many years after the date of 
said deed ... so forging, cutting out of records and ly- 
ing are no crimes in Vaughan and Waldron as may appear 
per Mr. Allen's case." ^ Another paper which was put in 
evidence is so clearly a forgery that it is hardly possible for 
any one to defend it. It purports to be a letter from Cap- 
tain Walter Neale and Captain Thomas Wiggin, agents re- 
spectively of the Laconia company and the Hilton patentees 

^ Provincial Papers . vol. ii, p. 520. 1707. 

"^ Ibid., vol. ii, p. 56. This must not be confused with the Wheel- 
wright deed of 1638, which Wheelwright obtained when Exeter was 
founded. 

'Record Office, Board of Trade Papers, New England, bundle A. 
p. 54- 



234 ^'-EH/ HAMPSHIRE AS A ROYAL PROVINCE [416 

stating that they had, in obtdience to the commands of their 
superiors, made a division of the two patents and laid out 
four towns, one of which they said was not within the 
bounds of either patent/ This one they styled Exeter, 
while the other three they called Portsmouth, Hampton and 
Northam. As a matter of fact, these towns were not given 
these names, or even known by them, until many years 
afterwards, while neither Exeter nor Hampton were at that 
time settled, and it is improbable that their establishment 
was even contemplated. 

Upon the refusal of the jury in the Superior Court to 
render a special verdict, Allen's council made a motion for 
an appeal to England, which the judges granted upon his 
giving a bond of £200 to prosecute the case before her 
Majesty in council." As the inhabitants at this time, and 
for several years afterwards, were involved in a war with 
the French and Indians, the Privy Council deferred the 
consideration of the appeal until a more favorable time. 
But Allen's death, which happened in 171 5, before a final 
decision in the case had been reached, put an end to the 
suit, which his heirs, who w^ere minors, did not renew. 

At the various trials of this famous suit both plaintiff 
and defendant introduced much evidence in support of their 
respective contentions.' To- substantiate Allen's claims to 
the lands, copies of many documents and other papers were 
produced, such as the charter of the Plymouth company of 
1620 and the grants made by it to Captain Mason in 1629 
and 1635; the latter's last will and testament; the opinions 

^ New Hampshire State Papers, vol. xxix, p. 52; Provincial Papers, 
vol. i, p. 85. 

" IHd.. vol. ii, p. 561. August, 1707. At this trial in 1707 the coun- 
sel for Waldron were John Pickering and Charles Story, while James 
Menzies and John Valentine represented Allen. 

^Ibia\. vol. ii, pp. 515-562. 



.j^-j THE LAND SYSTEM 235 

and decision of the royal judges and other officials respect- 
ing the validity of the title; the fine and recovery for dock- 
ing the entail and the consequent deed of sale to Allen in 
1 691, and several royal orders and directions which had 
been issued at various times affecting the case. There were 
also many affidavits and depositions from persons who either 
had been in Mason's employ or were acquainted with those 
who had served under him, all of which v/ere introduced 
with the view of showing that Mason had spent consider- 
able sums in furthering the development of his territory 
and had been in actual occupation of the same. Then there 
were presented to the court the writ, judgment and execu- 
tion issued against Major Waldron in 1683, the decision of 
the king in council against Vaughan in 1686, and evidence 
that Allen had formally put himself in possession of the 
waste lands. Other material of a miscellaneous character 
was also introduced.^ 

On the strength of all this, it was contended that the title 
which Allen obtained from the Masons must be regarded 
as good and valid, that he and those from whom he derived 
his title had been constantly in lawful possession of the 
province of wdiich the premises demanded were a part, and 
that Waldron's possession of the latter was unlawful and 
had always been interrupted by continued claim made for 
the same, and especially by a judgment obtained by Mason 
by virtue of which he recovered possession of the lands de- 
manded.^ 

In vindication of his title, Waldron presented, in addi- 
tion to what has already been mentioned, the queen's order 
in Council affirming the judgment obtained by him against 

^ Provincial Papers , vol. ii, pp. Si5. 562, passim. 
"^ Ibid., vol. ii, p. 522; Belknap, History of New Hampshire, vol. i. 
p. 322. 



236 ^"^'ElV HAMPSHIRE AS A ROYAL PROVINCE [413 

Allen in 1700, tlie verdict procured against Allen in 1705. 
and some depositions from persons who either assisted or 
at least knew his father at the time he established himself 
at Dover and v/ho svvore that he had remained in undis- 
turbed possession of the property for more than forty years. 
Many papers of a miscellaneous character were also- intro- 
duced. It was pleaded tliat Mason's title tO' the province 
was defective because the grants of 1629 and 1635 were not 
signed by any of the officials of the Plymouth company, 
neither were they enrolled as the statute of England re- 
quired, nor was livery of seizin ever taken of the lands so 
conveyed.^ .Moreover, it was asserted that the grant of 1629 
looked " very susnicious, and was indeed of no worth and 
value in law," for a good part of the land conveyed by it 
had, in 1628, been granted by a valid deed to^ Massachusetts, 
and even Mason himself had seen fit to procure, in 1635, 
another deed for the same land as had been PTanted to 
him in 1629, which in itself showed that he thought his 
grant of 1629 could not be relied upon. Waldron's counsel 
declared that it was *' a thing in itself not to be supposed 
or believed that the council of Plymouth should be so im- 
posed upon as to grant to Mr. Mason in 1629 what they 
had before granted tO' the Massachusetts in 1628. or yet a 
second time, to wit, in 1635, grant that to Mason which 
they had before granted in 1629 . . . sO' that in. truth there 
never was, nor could be, any such grant from the Council 
of Plymouth as that in 1629, but that the same is a pre- 
tended grant and no more." Pie also contended that Allen 
could not hold under two grants, but must relincjuish one, 
inasmuch as it was " contrary to the reason and usage of 
the law to rely upon two titles." Concerning Mason's pos- 
session of the property, it was said that the only settlement 

^Provincial Papers, vol. ii, p. 524. 



419] THE LAND SYSTEM 



'6/ 



made by the Captain's agents or successors was that of a 
factory which was estabhshed for the purpose of trading 
with the Indians and as a base for the discovery of the 
country called Laconia, but this settlement, it was contended, 
never amounted tO' a legal possession sufficient to make or 
confirm a title to the lands of the province, because after a 
few years the enterprise was given up and the place de- 
serted/ It was claimed, on the other hand, that Waldron's 
father had actually taken possession of the lands now in 
controversy more than sixty years ago, by virtue of an In- 
dian deed of 1629, at a time Vvhen it was not only a vacuum 
domicilium but also a howling wilderness, situated among 
the barbarous savages, against Vidiom he was forced in sev- 
eral successive wars to defend himself and his possessions 
at a very great cost tO' himself and at the risk of his own 
life, which he finally lost in the struggle. As to the writ of 
judgment and execution which were issued against Wal- 
dron's father, it was affirmed that, as no particular lands 
were specified in it, no legal judgment could be given. 
Furthermore, the particular judgment referred to was not 
legally attested, as no book of records was to be found. 
Moreover, execution had never been levied by virtue of sucli 
a judgment, nor had the possessor ever been disturbed in 
the possession of his property in consequence of it." Con- 
cerning the finding of a special verdict, as was demanded, 
it was asserted that no jury was obliged to give such a ver- 
dict or find the matter at large unless they had some doubl 
as to the law or the facts in the case before them, because 
a special verdict in itself indicated that such a doubt ex- 
isted. It was also' contended that Allen's right to the prem- 
ises in question was barred b)- several statutes of limitation. 
Thus, it was claimed that, under the law of the realm, no 

^ Provincial Papers . vol. ii, p. 5?5. 'Ibid., vol. ii, p. 527. 



238 ^ElV HAMPSHIRE AS A ROYAL PROVINCE [420 

action of ejectment could be maintained unless the plaintiff 
or those under whom he claimed had been in possession of 
the lands within twerty years of the time the suit was 
brought, and tliat if a person had been out of possession 
sixty years, as in the present case, not only an ejectment, 
but a writ of right and all other real actions were barred as 
far as the subject was concerned, and that in such cases 
even the title of the crown was barred. Moreover, it was 
alleged that as Allen had never so much as pretended that 
the Masons vvere ever in possession of the land in dispute 
during the year prior to his father's purchase of the prov- 
ince, or in fact at any other time, he ought not to have 
purchased it, for such a purchase was in violation of that 
statute of Henry VIIFs reign which provided that no per- 
son should purchase any property unless the seller or those 
from whom he claimed had been in possession of the same 
within the year immediately preceding the date of sale. In 
consequence of a purchase under such conditions, it was 
claimed, all the mischiefs and inconveniences provided 
against by the statute had been experienced by the inhabi- 
tants of the province. 

Believing that justice was not to be expected where both 
judges and jurors were directly concerned in the issue. 
Usher informed the Board of Trade that he would have 
Allen resign his claim to the crown for a monetary consid- 
eration. In that case, quit-rents could be collected, which, 
with the impost and excise duties, would, he estimated, 
amount to more than £2,000 a year. As for the mortgage 
which he himself had on the province, he said he would 
surrender that to the crown upon payment by the latter of 
the principal and interest, which then amounted to f 1.700.' 
k'ioveovev, he thou.ght the po'ssession of both the soil auf! 

'Record Ofl'ice, Board of Trade' PoppTS, New England, bundle S, 
pp. 56, 5^- 



421] THE LAND SYSTEM 239 

the government of the province by the crown might serve 
to prevent the great waste and destruction which was going 
on in the virgin forests and preserve for the use of the 
royal navy ail such trees as were fit for masts and timber.' 

During this period, Governor Dudley also represented to 
the Board that it would be well if the differences between 
Allen and the inhabitants could be composed. Moreover, 
he informed their lordships that the assembly prayed to 
"see an end to the thirty years' quarrel between Mr. Mason, 
Mr. Allen and themselves." - If the queen would take the 
province and give Allen some compensation commensurate 
with his pretensions and charges, her Majesty would have 
it in her power to grant out the lands that were still undis- 
posed of. Otherwise, he said, it would be hard both on Allen 
and on the inhabitants." With Allen's death, however, in 
1 71 5, the situation changed, for the guardians of his two 
infant sons, to whom his estate descended, apparently took 
no steps to put them in possession of any of the lands 
within the province. 

Prior to the trial of his suits in the New Hampshire 
courts, Thomas Allen had sold to Sir Charles Hobl)y, of 
Boston, one-half of his interests in the province.* During 
his lifetime Sir Charles never sued for possession of the 
lands he claimed by virtue of that purchase, nor did his 
heirs do so after his decease. In January, 17 16, however, 
his executors offered to sell to the province his interest and 
t'tle to the lands within the same.^ Thereupon T>ieutenant- 

' Record Office, op. cit., bundles S, p. 86, V, p. 42. 

'-Ibid., bundle S, p. 26. ^Ibid., bundle T. p. 3- 

''New Hampshire State Papers, vol. xxix, pp. 167, 298. On August 
31, 1705 there was an indenture executed between Allen and Carleton 
van Burgh, who was acting in behalf of Hobby, and on August 28, 
1706 there was one between Hobby and Allen. 

''Ibid., vol. xvii. p. 724: vol. iii. p. G.ii, passitn. 



240 ^^EJV HAMPSHIRE AS A ROYAL PROVINCE [422 

Governor Vaughan informed the house of representatives of 
the offer, but that body, hke himself, was of the opinion 
that the matter did not directly concern the government.' 
When, however, the creditors of the estate applied to the 
judge of probate for letters of administration, the assembly 
was inclined to put obstacles in the way of their obtaining 
them and had the case postponed from time to time." In 
November, 1726, Sir Charles" son and heir, John, presented 
a memorial to the lieutenant-governor and the two houses. 
After informing them of his right to half the province, he 
said that, since the main and principal parts of New Hamp- 
shire were " actually settled by the labors and at the great 
expense of th.e blood and treasure of the present inhabi- 
tants," he was willing to make them very easy in their pos- 
session, however they were induced at first to possess them- 
selves wrongfully of the lands. He accordingly proposed 
that the legislature should take such action as would give 
complete satisfaction to the inhabitants and at the same time 
not utterly disinherit him. As he believed it would be best 
for both parties to have the matter settled in a friendly way, 
he suggested that a committee should be appointed by the 
legislature tO' represent the inhabitants so that the matter 
might be '* freely and friendly " debated and mutual offers 
and proposals made for the accommodation of all con- 
cerned.'* After holding a conference on the subject and de- 
bating the question at some length, the house passed a vote, 
which the council concurred, dismissing the petition both 
oil the ground that the laws of the province were sufficient 
to determine any controversy with respect to- any title of 
land lying within the same and because it was unprece- 

^ New Hampshire State Papers, vol. wiii, p. 39^; vol. xxix. p. 173. 

''Ibid., vol. xxix, pp. 174, 175. 

^ Ibid., vol. xviii, p. 5; vol. xxix. p. 175. 



423] THE LAND SYSTEM 241 

dented for the house to take any cognizance where the title 
to land was determinable by the courts of common law.' 
After this decision was reached, nothing further appears to 
have been done in the matter until after the middle of the 
century, when an attorney arrived in the province to look 
after the interests of the estate. After looking over the 
ground and examining into Allen's title, he was apparently 
convinced that there was no chance of successfully assert- 
ing Hobby's claim, for he relinquished the pursuit and left 
the province, after which no more was heard of it.' 

In 1677 the English chief justices gave it as their opinion 
that the northern boundary of Massachusetts could " not 
extend further northward along the river Merrimac than 
three English miles," and was to follow, at that distance, 
the course of the stream as far as its source, whence it was 
to be carried on by an imaginary line to the South Sea.^ 
Although the king formally confirmed this opinion on the 
20th of July of that year, Massachusetts made no attempt 
to have the boundary line marked out, nor did her towns 
upon the river relinquish jurisdiction over or give up the 
lands within their bounds which lay more than three miles 
from the river's bank. After New Hampshire was erected 
into a royal province, the need of having the boundary^ offi- 
cially surveyed was more urgent and apparent. Some of 
the people living near the supposed line frequently tried to 
evade the payment of their taxes, claiming, when arrested 
by one town, that their lands were within the limits of the 
other province. At times, too, people were thrown into 
prison and occasionally kept there, even after they could 
prove that they had paid their taxes to the constable of the 

^ New Hampshire Stale Papers, vol. xxix, p. 177. 
^ Ibid., vol. xxix, pp. 282, 286, 323, 328. 
^Ibid., vol. xix, p. 306. 



242 NEW HAMPSHIRE AS A ROYAL PROVINCE [424 

adjoining town. Then, too, by using this as a pretext, 
some attempted to evade jury duty, while those who com- 
mitted offences against the law were apt to go unpunished. 
Sometimes, also, even officials, when engaged in the per- 
formance of their duties, were arrested by officers of the 
neighboring towns across the border and put in jail. From 
the disorder and confusion that arose as a result of this 
state of affairs New Hampshire was the chief sufferer, for 
she was not only the weaker of the two provinces, but the 
lands claimed by the Massachusetts towns were, according 
to the opinion of the English judges, undoubtedly hers. 

In 1693 ^ New Hampshire appointed a committee to run 
the line, but as Massachusetts failed to cooperate, nothing 
was actually done. After making another attempt tO' have 
Massachusetts join her in running it, Lieutenant-Governor 
Usher, in 1696, had the line surveyed as far west as the 
settlements extended.- Since Massachusetts, however, re- 
fused to recognize this as a boundary, very little was gained 
thereby. The troubles along the border continued as before, 
and as the population increased they increased. Although 
the New Hampshire authorities made several other attempts 
to have the matter settled by a joint committee of the two 
provinces, no progress could be made tending to a final settle- 
ment of the case because Massachusetts always insisted upon 
New Hampshire submitting to conditions that were unfair 
to the latter and inconsistent with the words of the charter 
describing the boundary. 

After an attempt of this kind, made in 1719, New Hamp- 
shire sent instructions to Henry Newman, who had been 
appointed agent for the province in England, requesting 
him to lay the question of the province boundaries before 

^ New Hampshire State Papers, vol. xix, pp. 180, 181. 

"^ Ibid., vol. xix, pp. 182, 184, 186; for map of same see p. 354. 



425] TH^ LAND SYSTEM 243 

the king. Newman was informed that the southern boun- 
dary of the province was conceived to be a hne drawn west 
from a point on the coast three miles north of the Alerri- 
mac river. As for the northern boundary, which, accord- 
ing to tlie charter, was to run " northwestward " from the 
furthest head of Newichwannock river, a dispute, it was 
said, would arise whether it should run north a little west 
or due northwest.^ To enable the agent to vigorously press 
the matter before the authorities in London, the legislature 
voted him £100. 

By virtue of the opinion of the English judges in 1677, 
Massachusetts claimed all the territory west of the Merri- 
mac and a three-mile strip on the other side of the stream 
towards New Hampshire. Until after the close of Queen 
Anne's War very little attention was paid to this claim, be- 
cause it was practically impossible for either province to 
plant settlements so far in the interior on account of the 
hostilities with the Indians. Later, a doubt arose whether 
the territory granted in the new charter of Massachusetts, 
which passed the seals in 1691, was co-extensive with that 
conveyed in the original charter of that colony. The two 
provinces took opposite sides on this question. If the ques- 
tion was decided in the affirmative, then New Hampshire 
comprised the comparatively small tract of country con- 
tained between the Maine border and a line drawn parallel 
to but three miles from the bank of the Merrimac river 
from its mouth to its source. 

Soon after the General Court at Boston passed a grant 
for a tract of land on both sides of the river at a place 
called Penacook (now Concord)," Lieutenant-Governor 
Wentworth complained to the lieutenant-governor of the 

"^ New Hampshire State Papers, vol. xix, pp. 193, 194, igg, 210. 
^January, 1725-6. 



244 ''^'^"^ HAMPSHIRE AS A ROYAL PROVINCE [426 

Bay concerning it, and suggested that the place was within 
the bounds of New Hampshire.^ Upon communicating the 
letter to the council of Massachusetts for its opinion, his 
honor was informed that the suggestion was altogether 
groundless, as those who' were empowered to lay out the 
town had no right to extend its bounds more than three 
miles from the river in the direction of New Hampshire.'"' 
Thereupon a reply to this effect was sent to Lieutenant- 
Governor Wentworth, who considered it unsatisfactory. 
He, therefore, called tlie attention of the assembly to the 
Bay's encroachments, and, after citing as an instance the 
grant of Penacook, which he declared would certainly be 
within " the very bowels " of New Hampshire and take in 
the most valuable part of the province, he recommended that 
they should take some action in the matter.'^ At the same 
time he informed them that he had sent a representation of 
the affair to the Lords of Trade, requesting their favor in 
the settlement of the lines. In reply, the assembly said 
they would take the matter under serious consideration. 
The following month ■* the council passed an order appoint- 
ing a committee to repair to Penacook and, in behalf of the 
government, warn persons not to settle there as the lands 
were within the limits of New Hampshire. Finding some 
Massachusetts men on the spot felling trees and laying out 
the lands, the committee communicated to them the nature 
of their errand and the order of the council, but the men 
refused to withdraw, declaring that, as they had been sent 
by the Bay government, they would proceed to finish the 

' February, 1725-6. 

'^New Hampshire State Papers, vol. xxiv, pp. 41. 43. 44, March, 
5725-6. 

^Provincial Papers, vol. iv, j). 206; Bouton, History of Concord, p. "]"} , 
April, 1726. 

*May, 1726. 



427] ^'^^' LAND SYSTEM 245 

business they were engaged upon, not doubting that their 
government would always be ready to support and justify 
their grant. They promised, however, upon their return, to 
lay the council's order before the General Court/ There- 
upon the legislature of New Hampshire voted to send in- 
structions to its agent in England " to prosecute and en- 
deavor a speedy settlement of the lines." Besides, it 
forwarded him £100 to forward the work.* Apprehending 
that New Hampshire would send home a complaint respect- 
ing the grant of Penacook, the Bay government, in June, 
instructed its agent to take effectual care to answer any 
complaint of that nature. Moreover, to enable him to make 
an adequate reply, it furnished him with the necessary papers 
and records. Upon receipt of the news of the encroach- 
ment at Penacook, Newman, the agent for New Hampshire, 
sent a letter to the Board of Trade, requesting that, pend- 
ing the king's decision upon the memorial which he had 
some time previously presented respecting the settlement of 
the lines, the Board would use its influence to secure his 
Majesty's interest in the province of New Hampshire from 
any detriment by the grants already made, and have all the 
grants on or near the boundary lines suspended.^ 

Although Massachusetts, in May, appointed commission- 
ers to join such as New Hampshire might appoint to run 
the line, the latter now refused to choose any, not only on 
the ground that the previous attempts to settle the contro- 
versy by such a method had failed, but because the whole 
matter was before his Majesty for determination. ■* 

As the General Court continued to receive and consider 

'Bouton, up. cit., pp. 70, 78, 81. 

^ Nezv Hampshire State Papers, vol. xix, pp. 200, 201. 

'' Ibid., vol. xix, p. 202; Bouton, op. cit., p. 82, August 8, 1726. 

* New Hampshire State Papers, vol. xix, pp. 201, 205. 



246 NEIV HAMPSHIRE AS A ROYAL PROVINCE [428 

petitions for grants of land in the disputed territory along 
and west of the Merrimac river, it was evident that Massa- 
chusetts intended to make numerous township grants in that 
section. This alarmed the government of New Hampshire, 
which determined, on its part, to bring the matter to an issue. 
In May, 1727, the latter granted out all the unappropriated 
land of the province south of the outlet of Lake Winne- 
pesaukee and east of the Merrimac river, dividing it up 
into six townships. The lands of one of these townships, 
namely, Bow, extended beyond the river and overlapped a 
good part of Penacook. As a result a long and bitter con- 
troversy arose between the opposing grantees, which con- 
tinued until the close of the last inter-colonial war. In 1729 
both governments again joined in appointing a committee 
to run the line, but, as in the previous attempts of that 
nature, nothing was accomplished.^ 

Meanwhile, the applications of the New Hampshire agent 
were so far successful that, when Belcher became governor, 
there was included among his instructions one to the effect 
that he should recommend tO' the assemblies of the two 
provinces the appointment of commissioners from the neigh- 
boring governments, with full power to determine the dis- 
pute over the lines. After the General Court of Massachu- 
setts had chosen three commissioners, as commanded, the 
represer.tatives of the lower branch of the New Hampshire 
legislature decided that it would be best to have the boun- 
dary dispute determined by but three men, as many incon- 
veniences might arise if a greater number were chosen.' 
Accordingly, instead of naming three others, as directed in 
the royal instructions, they approved two of the three com- 
missioners chosen by the Bay, finding them acceptable in 

' A>zr Hampshire Slafc Papers, vol. xix, pp. 206, 210. 
^ Ibid., vol. xix, pp. 212, 213. 



429] ^^-^ LAND SYSTEM 247 

every way, and selected as the third the go\'ernor of Rhode 
Island. In this selection the General Court acquiesced. In 
the act appointing the commissioners, Massachusetts gave 
the latter power to order an equivalent to be given and re- 
ceived by each government in lieu of any lands which either 
then possessed or had improved by virtue of ancient grants 
and patents.^ This New Hampshire claimed was not con- 
sistent with the royal instructions. If allowed, Massachu- 
setts would probably receive a large tract of country as an 
ecjuivalent while New Hampshire would get little or noth- 
ing. Objection was also made to the method which Massa- 
chusetts proposed should be adopted in case it became neces- 
sary to select a commissioner to serve in the place of any 
who failed to qualify. The method, however, which the 
representatives, in turn, proposed was not approved by the 
upper house, which suggested the appointment of a com- 
mittee by the two governments to confer and agree upon a 
bill covering the points in question. If Massachusetts de- 
clined to appoint such a committee or the joint committee 
failed to reach an agreement, then the council would have 
the governor refer the matter to the king for decision.'* 
The representatives, however, declared against this, for the 
reason that the appointment of such committees in the past 
had proved ineffectual. Although they were strongly of 
the opinion that the dispute would never be settled except 
by an appeal to the king, they were finally persuaded to 
appoint a committee, as suggested by the council. Again, 
however, nothing was accomplished, as the General Court 
did not appoint a similar committee until the last minute, 
and then set the date for the meeting more than two weeks 

^ New Hampshire State Papers, vol. xix, p. 214. 
"^ Ibid., vol. xix, pp. 214, 216, 217, 218. 



248 ^ElV HAMPSHIRE AS A ROYAL PROVINCE [430 

later than that named by New Hampshire.^ The house 
was now more anxious than ever to have the case referred 
to the king but as the council would not consent to it, still 
another attempt was made to have committees of the two 
provinces agree upon a suitable bill. As the Massachusetts 
committee, however, had instructions to reserve to the le- 
spective governments, both as to jurisdiction and property, 
any towns or lands which were either possessed or improved 
by virtue of any ancient grants, the New Hampshire com- 
mittee refused to proceed, declaring that if that was agreed 
to, it " would bring the boundary line at least eleven and 
three-quarter miles to the northward of the Merrimac 
river." - It was then proposed that an agent should be ap- 
pointed to press for an early settlement of the controversy. 
but the council refused to concur. Thereupon the house 
appointed as the agent for the province in England John 
Rindge. who was then about to sail for the other side. 
Some of those who were in favor of having the lines deter- 
mined now had another object in view. This was nothing 
less than to have the settlement of the lines followed by the 
appointment of a separate governor for New Hampshire. 
The party to which these men belonged was strong in the 
house but weak in the council, where Governor Belcher's 
friends were in control. This explains why the council re- 
fused to join in appointing an agent and will serve to make 
plain the future conduct of that body. 

Early in 1733 Governor Belcher wrote a letter to the 
Board of Trade explaining the attitude of the two govern- 

^ New Hampshire State Papers, vol. xix, pp. 219. 220, 222. Date of 
meeting according to N. H. vote, June 22cl; date of meeting according 
to Mass. vote, July nth. N. H. committee appointed in Maj-; Mass. 
committee appointed in June. 

"^ Ibid., vol. xix, pp. 222, 228, 220, 231; Provivcial Papers, vol. iv, 
pp. 611 , 612. 617. 



43 1 ] THE LAND SYSTEM 249 

ments respecting the boundary dispute.^ After stating that 
he saw no prospect of having the boundary settled, although 
he had done everything in his power to have the same de- 
termined, he said : 

The poor borderers on the lines . . . live like toads under llie 
harrow, being run into jails on the one side or the other as 
often as they please to quarrel. They will pull down one an- 
other's houses, often wound one another and I fear it will en<l 
in bloodshed, unless his Majesty . . . give some effectual or- 
der to have the bounds fixed. Although, my Lords, I am a 
Massachusetts man, yet I think this province alone is culpable 
on this head. New Hampshire has all along been frank and 
ready to pay exact duty and obedience to the king's order and 
has manifested a great inclination to peace and good govern- 
ment, but, in return, the Massachusetts province have thrown 
unreasonable obstacles in the way of any settlement, and, al- 
though they have for two or three years past been making 
offers to settle the boundaries with New York and Rhode 
Island in an open, easy and amicable way, yet, when they come 
to settle with New Hampshire, they will not come to terms, 
which seems to me a plain argument that the leading men of 
the Massachusetts assembly are conscious to themselves of 
the continual encroachments they are making upon their neigh- 
bors of New Hampshire and so dare not come to a settlement. 
I say, my Lords, in duty to the king and from a just care of 
his subjects of New Hampshire, I think myself obliged to set 
this matter in this light. I now do not, nor do I ever, expect 
to see it settled but by a peremptory order from his Majesty, 
appointing commissioners to do it. 

He then concluded by desiring their lordships to so repre- 
sent the affair to the king that an end might be made to the 
continual strife and confusion. 

Some time after his arrival in England, Rindge, the 
province agent, presented a long petition to the king in 

' AWe/ Ha7Hpshire State Papers, vcl. xix, p. 233, January, 1732-3. 



250 ^E^V HAMPSHIRE AS A ROYAL PROVINCE [432 

council, stating what New Hampshire had done in the past 
to have tlie boundary hne settled, and praying for a deter- 
mination of the same now by his Majesty/ This and eight 
other petitions on the same subject by the inhabitants of 
New Hampshire were given to the Massachusetts agent for 
transmission to that government." Mr. Parris, the able 
solicitor who was employed by the agent to protect New 
Hampshire's interest, insisted that, before any commission- 
ers were appointed to run the line, the point on the Atlantic 
coast from which the three miles from the mouth of the 
Merrimac were to be measured should first be determined. 
His contention was that the determination of that point was 
purely a judicial question, depending solely upon the true 
and legal construction of the charter granted tO' Massachu- 
setts. Consequently it ought to be determined by the home 
government and not left to mere surveyors or mathema- 
ticians in America. This being decided, the commissioners, 
he asserted, would have very little trouble or difficulty in 
running the line. 

In February, 1734, the Massachusetts agent said that he 
was willing to have the boundaries settled by such Vk'ise and 
disinterested persons as his Majesty saw fit to appoint from 
tiie neighboring governments. Furthermore, in behalf of 
the government he represented, he agreed and consented 
that the commissioners should have " the matter in con- 
troversy left to them fully and without any limitations, sav- 
ing only that the lines, however they may happen to be run, 
do not affect the property of particular persons." " 

Immediately afterwards the agent for New Hampshire 

^ New Hampshire State Papers, vol. xix, p. 235; Provincial Papers, 
vol. iv, p. 849. 

"^ Ne7v Hampshire State Papers, vol. xix, pp. 235, 249, 256. 

^Ihid., vol. xix, p. 251; Provincial Papers, vol. iv, p. 849. Several 
years later he said he had received no authority to make this agreement. 



^^^-^ THE LAND SYSTEM 251 

preferred a petition to the Board of Trade embodying the 
questions previously raised by Mr. Parris, and praying that 
the place where the Hne should begin and the course it was 
to follow should first be determined before any commis- 
sioners were appointed. After some delay/ the question as 
to the point from which the dividing line should begin was 
referred to the attorney and the solicitor general, both of 
whom reported to the board on the 19th of March, 1735, 
that it ought " to be taken according to the intent of the 
charter of William and Mary from three miles north of 
the Merrimac river where it runs into the Atlantic Ocean." - 
The following June the board presented to the Privy Coun- 
cil a report incorporating this opinion and recommending 
that the king appoint commissioners to meet within a limited 
time and mark out the dividing line. Thereupon the Privy 
Council advised the king tO' appoint commissioners, and 
suggested that, in the running of the line, due care should 
be taken that private property was not affected.^ On the 
22d of January, 1736, his Majesty in council signified his 
approval of what the Privy Council said and assigned to a 
sub-committee the task of recommending suitable persons 
to act as commissioners. On the ist of April the committee 
presented for approval the names of the five eldest councillors 
in each of the provinces of New York, New Jersey, Nova 
Scotia and Rhode Island. The following October all of 
these were formally approved except one, who appeared to 
be interested in the Massachusetts colony.* The chief points 
of the commission having been agreed upon, directions were 
given to the attorney and solicitor-general, in February, 
'^737' ^o draw up the necessary commission agreeable 

^ New Hampshire State Papers, vol. xix, p. 252. 

^Ibid., vol. xix, pp. 257, 258, June 5, i735- 

^ Ibid., vol. xix, p. 261. ^ Ibid., vol. xix, pp. 262, 265. 



252 ^ElV HAMPSHIRE AS A ROYAL PROVINCE [434 

thereto, and at the same time orders v/ere issued to the 
Board of Trade to write circular letters on the subject to 
the governors of those colonies from which the commis- 
sioners were chosen, while letters were also ordered sent to 
the governor and commander-in-chief of the provinces of 
Massachusetts and New Hampshire. Finally, on the 9th 
of April, 1737, the commission passed the seals/ This pro- 
vided that the twenty commissioners therein designated, any 
live of whom were sufficient for a quorum, should meet at 
Hampton on the ist of the following August to determine 
the lines. 

While the agents for the two provinces had been en- 
gaged in protecting and furthering the interests of their re- 
spective governments before the various boards and com- 
mittees in England, Massachusetts had been granting out 
the lands west of a line drawn three miles from the eastern 
bank of the Merrimac. This appears to have been done 
with the view of strengthening her claim by actual occupa- 
tion and possession of the territory in dispute. The pre- 
text used, however, was that the towns were granted to pro- 
tect the frontier. Many petitions having been preferred for 
township grants in the unappropriated parts of the province, 
the General Court at last resolved to make grants on an 
extensive scale. It was proposed to- lay out not single 
tov\rns as had hitherto been tlie custom, but lines of townSj 
and these, too, were to be so situated as to most effectually 
protect and cover the frontier. In 1726 the lower house 
of the Massachusetts legislature voted that the land from 
Northfield on the Connecticut tO' Dunstable on the Merri- 
mac, and that from Dunstable north on both sides of the 
Merrimac to Penacook should be carefully viewed and sur- 

^ S^aic Papers, vol. xix, pp. 270, 274. 280. 18 of those named 
had been recommended bv the subcommittee of the council. 



435] THE LAND SYSTEM 253 

veyed/ On account of the opposition of the other house, 
the matter was deferred until the following year, when it 
was again brought before the court. In addition to the 
two lines of towns previously proposed, it was now pro- 
posed that there should also be a line surveyed in Maine 
between Berwick on the Newichwannock river and Fal- 
mouth in Casco Bay.' The lower house then desired not 
only that townships ecjuivalent in area tO' six miles square 
should be laid out along these lines, but that committees 
should be appointed with power not only to admit settlers 
and lay out the lands within the different townships, but to 
forward the settlement of the same. To this the council 
would not agree, but it concurred so far as to have the 
lands surveyed and a plan returned showing the nature, 
character and quality of the land in the several lines." 
Towns in these lines were afterwards disposed of singly 
and at different times. 

In January, 1736, the General Court passed an act pro- 
viding that a strip of land at least twelve miles wide, ex- 
tending from the northwest corner of Penacook to the great 
falls of the Connecticut, should be divided up into as many 
townships of the contents of six miles square as the land 
would permit, and that another line of towns should be 
laid out from the falls down the eastern side of the Con- 
necticut to what is now Winchester. In the same act a 
committee was named not only to survey the land and grant 
out the townships to such as had petitioned for grants, but 
also to supervise the settlements and see that the conditions 
of the grant as specified in the act were fulfilled.* Accord- 

^ State Papers, vol. xxiv, pp. 749, 751, 755. 

^Ibid., vol. xxiv, pp. 757, 758. '•'■Ibid., vol. xxiv. p. 761. 

*Ibid., vol. xxiv, pp. 761, 765. There were to be 60 grantees to a 
township. 



254 ^^^'^ HAMPSHIRE AS A ROYAL PROVINCE [436 

ing to the survey that was made, the hind between the rivers 
was divided up into nine townships so arranged as to form 
a double row, while that from the falls to Winchester was 
divided into four townships.^ Accordingly, that number of 
townships was granted, each receiving a number instead 
of a specific name to distinguish them one from the other. 
Those between the rivers were numbered from i to 9 while 
those on the Connecticut were numbered from i to 4. The 
former corresponded roughly, in the order named, to the 
present towns of Warner, Bradford, Acworth, Alstead, Hop- 
kinton, Henniker, Hillsborough, Washington and Lemp- 
ster, while the latter corresponded tO' the towns of Chester- 
field, Westmoreland, Walpole and Charlestown. These 
towns, along with those which had been previously sur- 
veyed and granted, formed a rather irregular quadrilateral 
the corners of which took in tlie towns of Northfield, Dun- 
stable, Boscawen and Charlestown, and had all been actually 
settled and defended, they would have formed an admirable 
line of defence against the enemy in the next war. 

Although Massachusetts did not lay out any more towns in 
tiers, she made several other collective grants. Sometimes 
the townships so granted were laid out in groups or clusters; 
at other times, wherever suitable land could be found. Gener- 
ally they were granted to those who had taken part in some 
war or particular campaign in past wars. Thus, to the 
heirs of the men who fought in King Philip's War in 1675, 
she voted at first two towns, but when it was found that there 
were 840 claimants, 5 others were granted, one township be- 
ing granted to every 120 persons. Later, 232 more claim- 
ants were found, enough for two more townships. All were 
generallv knowai as the Narragansett towns, and each was 
distinguished by a particular number. Numbers 3, 4 and 5 

^ State Papers, vol. xix, pp. 766, 767. 



437] THE LAND SYSTEM 255 

were within the present limits of New Hampshire, and cor- 
respond to the towns of Amherst, Bedford and Goffstown/ 
To the survivors of the Canada expedition of 1690 and to 
the heirs of those that had since died a large number of 
townships were given, seven of which later fell within New 
Hampshire. These are the present towns of Dunbarton, 
LyndeboroLigh, New Boston, Richmond, Rindge, Salisbury 
and Weare. As a great many of the grantees of a town- 
ship were often inhabitants of a single town in Massachu- 
setts, these townships were usually known by the name of 
such a town with the word Canada added." Thus, one was 
called Salem-Canada, another Rowley-Canada, a third Bev- 
erly-Canada, etc. Then, too, there were three townships 
laid out on the Ashuelot river, all three being granted in 
1733. They comprise the towns of Winchester, Swanzey 
and Keene.^ Thus did Massachusetts hurriedly grant out 
the lands which she claimed in what is now the state of 
New Hampshire. As quite a number of people made settle- 
ments by virtue of these grants, Massachusetts' claim to the 
territory was thus fortified by occupation and possession. B)'- 
the time, therefore, when the commissioners met at Hampton 
to take under consideration the question of fixing the boun- 
daries between the two provinces most of the land west of 
a line drawn three miles east of the Merrimac had been dis- 
posed of by the Bay government. 

In the commission appointing the commissioners, it was 
provided that each province should appoint twO' public offi- 
cers, upon either of whom or at whose place of address all 
notices, summons and the final judgment of the commis- 

^ State Papers, vol. xxiv, p. 457; vol. xxv, p. 30; vol. xxiv, pp. 794, 
799, 807, 819. Bodge, Kifig Philip' s War, p. 406. 

'^ State Papers, vol. xxiv, pp. 78, 172, 215, 272, 282, 287. 

^ Ibid., vol. xxiv, pp. 152, 318, 345, 772, ^^z. 



256 ^^^^ HAMPSHIRE AS A ROYAL PROVINCE [438 

sioners should be served or left. Furthermore, each prov- 
ince was to submit to the commissioners in writing a plain 
and full statement of their demands or pretensions, describ- 
ing where and in what places the northern and the southern 
boundaries of New Hampshire ought to begin, what courses 
they ought to follow, and how far they ought to run. If 
either province failed to send to the commissioners at their 
first meeting the names and addresses of the two public 
officers or neglected to present at that meeting a full state- 
ment of their case, it was stipulated that the commissioners 
should proceed ex parte. After rendering their decision, 
the commissioners were to adjourn for at least six weeks, 
so that either province that considered itself aggrieved might 
have time to enter and perfect its appeal.' 

While the New Hampshire legislature was in session in 
March, 1737, Governor Belcher communicated to the two 
houses a copy of the royal orders of the previous month.' 
After considering the matter, the lower house, on April ist, 
voted to have a committee appointed to prepare such wit- 
nesses, pleas, allegations, papers and records as were neces- 
sary to present to the commissioners, and authorized the com- 
mittee to draw upon the treasurer for such money as might 
be needed both for these purposes and for the reception and 
entertainment of the commissioners. A committee was ac- 
cordingly appointed by both houses and approved by the 
governor. ■"* After this was done, the legislature was pro- 
rogued to the 6th of July. A few weeks after the proro- 
gation had been ordered the governor received letters from 
the home government, directing him to recommend to the 
respective assemblies of the two provinces that they ap- 

^ State Papers, vol. xix. p. 275. 

" Provincial Papers, vol. iv. jjp. 72T. 861. Marcli. 1736-7. 

'Ibid., vol. iv. p. 732. 



439] ^rHE LAND SYSTEM 257 

point the two public officers and draw up a full statement 
of their claims.^ Notwithstanding this. Belcher, by a proc- 
lamation dated the 20th of June, further prorogued the 
assembly to the 4th of August, that is to say, three days 
after the date set in the commission for the first meeting of 
the commissioners; and as if that was not enough, he fur- 
ther prorogued it without doing business until the loth of 
the same month. - 

As the legislature was unable to take any action in the 
matter while under prorogation, the committee which had 
been appointed the previous April did what they could to 
prevent the case being considered ex parte. Accordingly, 
they chose the two public officers as required and prepared 
a full statement of the claims which New Hampshire had to 
urge in her behalf. On the ist of August the committee 
presented to the commissioners the names of the two public 
officers and also a full statement of New Hampshire's 
claims, both of which the commissioners saw fit to receive.' 
Respecting Belcher's conduct in thus proroguing the assem- 
bly until after the ist of August the Lords in Council later 
said that, in so acting. Belcher had been guilty of partiality 
towards Massachusetts, "thereby endeavoring to frustrate 
the intention of his Majesty's commission." 

Of the two boundary lines which the commissioners had 
to determine, the one which bounded New Hampshire on 
the south was the more difficult of determination. The 
claims of the two provinces as to where and how that line 
should be run varied widely. New Hampshire, on the one 
side, insisted that it should begin at a point on the coast 

^ Provincial Papers , vol. iv, pp. 863, 864; vol. vi, p. 922. 
^Ibid., vol. iv, pp. 734, 735. On August loth Belcher first informed 
the assembly that they should appoint the two public oflficers required. 

^ New Hampshire State Papers, vol. xix, pp. 281, 282. 



258 -^'-E/K HAMPSHIRE AS A ROYAL PROVINCE [440 

three miles north of the middle of the channel of the Mer- 
rimac river '' where it runs into the Atlantic Ocean " and 
run from that point west up into the mainland in the direc- 
tion of the South Sea until it met with his Majesty's other 
governments/ Massachusetts, on the other side, contended 
that it should begin at the sea three miles north of the 
Black Rocks at the mouth of the Merrimac river " as it 
emptied itself into the sea sixty years ago," from which 
point it should run parallel with the river as far north as 
the crotch or parting of the stream in the present town of 
Franklin, from which point it should be continued three 
miles due north to a certain tree, called Endicott's tree, 
whence it should run due west to the South Sea.^ Massa- 
chusetts asserted that the king in granting her the charter 
of 1 69 1 intended to convey to her the same territory as 
was conveyed in the original charter. Her boundary on 
the north, therefore, must be the same as described in the 
latter charter. As determined by the English judges in 
[677 and confirmed by his Majesty the same year, this cor- 
responded, it was said, with what she now claimed and in- 
sisted upon as the northern limits of her patent. Accord- 
ing to the words of the original charter, the Massachusetts 
boundary extended as far as " three English miles to the 
northward of the . . . Merrimac river or to the northward 
of any and every part thereof."' In the charter of 1691, 
however, the words " to the northward of any and every 
part thereof " were omitted." The main point, therefore, 
which puzzled the commissioners was whether the charter 
of William and Marv o-ranted tO' Massachusetts all the lands 
which were granted tf> her in tlie original rliarter. It it did,, 

^ New Hampshire State Papers, vol. xix. )). 283. 

^ Ibid., vol. xix. p. 291. 'Ibid., vol. xix. pp. 335. 342. 



\ 



441 ] THE LAND SYSTEM 259 

then the Bay's claim was valid and ought to be sustained. 
Apart from this question, there were other important ques- 
tions which the commissioners had tO' consider before fix- 
ing upon the line. Whether, for instance, the Merrimac 
then, in 1737, emptied itself into the sea at the same place 
as it did sixty years before; whether, at the time the first 
charter was granted, it bore the same name from the sea 
up to the confluence at Franklin of the Pemigevvasset and 
Winnepesaukee rivers; and whether it was possible to draw 
a line parallel with the river at a distance of three miles 
north of every part thereof when the course of the stream 
in some places was from north to south. 

Respecting the northern boundary of New Hampshire, 
the dispute arose over the interpretation to be given the 
word " northwestward." Massachusetts claimed that it 
meant that the line from the furthest head of the Newich- 
wannock river should run due northwest, while New Hamp- 
shire asserted that it meant that the line should run a few 
degrees west of north, the word " ' northwestward ' being 
equivalent to ' northwesterly.' " ^ 

After taking the respective claims under consideration, 
the commissioners, on September 2d, rendered a decision 
which, so far as the southern boundary line was concerned, 
was evasive. The only thing which they really decided re- 
specting that line was that the point on the coast where the 
line began should be three miles north of the south side of 
the Black Rocks at low-water mark. From that point the 
line was to run as Massachusetts contended it should run, 
provided, however, the king decided that the charter of 
1 69 1 granted to that province all the lands conveyed by the 
charter of Charles I. If the king decided against the Bay 

^ New Hampshire State Papers, vol. xix, pp. 284, 291, 298. 



26o ^FJV HAMPSHIRE AS A ROYAL PROVINCE [442 

on this question, then the commissioners declared that the 
hne should begin at the same point on the coast but run 
due west until it met his Majesty's other governments. 
The dispute over the northern line, the commissioners de- 
cided in favor of New Hampshire, declaring that the line 
should run from the furthest head of the river " north 
two degrees west." From the ocean to the source of the 
river they said the boundary should run in the middle of 
the stream/ The cost and charge of taking out the com- 
mission, entertaining the commissioners and paying the pub- 
lic officers the commissioners declared should be borne 
equally by the two provinces. After the decision was de- 
livered to the public officers an adjournment was taken 
until the 14th of October, in order that the provinces might 
have time to consider and prepare any appeals they might 
care to make." 

On the same day, and before a copy of the commission- 
ers' decision was received, Governor Belcher prorogued the 
legislature of New Flampshire to the loth of October. 
When the two houses met on that day the council imme- 
diately adjourned, being averse to making any appeal. The 
lower house, which passed a vote of exceptions to the com- 
missioners* judgment, was constrained to ask the latter to 
accept that vote as the appeal of the province, although it 
had not been concurred in by the council or approved by the 
governor."^ Although Massachusetts protested against this 
being received for the reason that it was not the act of the 
entire legislature, the commissioners saw fit to accept it/ 
The reason later assigned for the council's conduct on this 
occasion was that, as the commissioners* decision was spec- 

^ New Haniphire State Papers, vol. xix, p. 39;. 

""' Ibid., vol. xix, p. 392. ^ Provincial Papers, voi. iv. p. 745. 

* New Hampshire State Papers, vol. xix. p. 399. 



443] ^^^ LAND SYSTEM 26 1 

ial, there was no need of making any appeal, because the 
king would have to decide the matter himself anyway irre- 
spective of whether an appeal was lodged against the judg- 
ment or not. Furtliermore, it was argued that the com- 
mittee appointed by the assembly in April had full power 
to act also in the recess of the legislature. 

Massachusetts, on the other hand, presented her appeal 
duly authenticated and in proper form, for after the com- 
missioners had rendered their decision on September the 2d, 
the General Court had been kept in session several days, 
during which time the commissioners' judgment was fully 
considered and an appeal agreed upon. The Court was 
then adjourned to the 12th of October, so that ample time 
was allowed to perfect the appeal, which was approved by 
the entire legislature. After receiving the appeals from 
both provinces, the commissioners adjourned and submitted 
the matter to the king for determination. 

Although the house of representatives in New Hamp- 
shire proposed that money should be raised by the province 
to prosecute the appeal in England, the council could not 
be prevailed upon to concur in such a proposal. No money, 
therefore, could be obtained for that purpose. Nevertheless 
the agent of the province in England was instructed by the 
house to press for a speedy determination of the boundary 
controversy. The following month the governor dissolved 
the assembly, and did not call another until almost a year 
had passed,^ thus preventing the house from taking any 
further action in the matter. 

The council's conduct and Belcher's partiality towards 
Massachusetts had greatly strengthened the party that was 
working to have the lines settled and a separate governor 
appointed for New Hampshire. The case against the gov- 

^ Provincial Papers, vol. v, p. 9. 



262 NEW HAMPSHIRE AS A ROYAL PROVINCE [44^ 

ernor was now pressed with considerable vigor, and many- 
petitions were forwarded to England praying for Belcher's 
removal and for the appointment of a separate governor 
for New Hampshire. The agent for the province in Eng- 
land at this time was John Thomlinson, a very able man 
and one who was thoroughly acquainted with the province. 
He was more than a match for the Massachusetts' agents 
and completely outgeneraled them. He had first been 
named by John Rindge when the latter returned to New 
England, and was later designated by the house of repre- 
sentatives to act in behalf of the province. He continued 
to do all in his power to- have the boundary controversy 
promptly determined by the king, but the obstacles which 
the Bay government placed in the way caused considerable 
delay. As usual, Massachusetts adopted the policy of pro- 
crastination. On one pretence or another, the matter was 
constantly postponed and decisive action deferred, but 
Thomlinson's remarkable ingenuity, earnestness and perse- 
verance at last caused the king to decide the matter in New 
Hampshire's favor. 

In her vote of exceptions to the commissioners' judgment. 
New Hampshire claimed that the point on the coast desig- 
nated as the starting place of the southern boundary was 
too far north, inasmuch as the Black Rocks were not situ- 
ated in the middle of the channel of the Merrimac, but in 
a bay three-fourths of a mile north of the river's mouth. 
Furthermore, she asserted that a line parallel with the river 
was not only impracticable but founded on the old Massa- 
chusetts charter which had been vacated, and, if practicable, 
it ought not to go any further than the river held a westerly 
course. She also objected against the line on the north 
running through the middle of the Piscataqua river, claim- 
ing that the grant to Gorges did not convey any part of 
the river, the jurisdiction of which had alwavs been in the 



445] I'H^ LAND SYSTEM 263 

possession of New Hampshire and never claimed by Massa- 
chusetts/ 

In her appeal, Massachusetts insisted that the southern 
boundary of New Hampshire should be the line to which 
she had laid claim and that the northern boundary from 
the head of the Newichwannock river should run due north- 
west instead of two degrees west. 

According to the final decision rendered by the king in 
council on March 5th, 1740, those parts of the commis- 
sioners' decision respecting the northern boundary and the 
payment of the expenses were affirmed. In arriving, how- 
ever, at a decision respecting the southern boundary no 
attention seems to have been paid to the question whether 
or not the charter of 1691 granted all the lands compre- 
hended in the original one. The matter appears to have 
been decided on principles of justice and equity. It was 
stated that, as the course of the river at the time the grant 
was made, though unknown, was supposed to be from east 
to west, it would be equitable tO' both parties to have the 
line parallel the river as far as it held a westerly course. 
Accordingly, it was determined that the boundary should 
" be a similar curved line pursuing the course of the Mer- 
rimac at three miles distance on the north side thereof, be- 
ginning at the Atlantic Ocean and ending at a point due 
north of Pawtucket Falls, and a straight line drawn from 
thence due west till it meets with his Majesty's other gov- 
ernments." 

In consequence of this decision, New Hampshire received 
much more land than she had seen fit to claim. The people 
of the province, therefore, were highly elated at the suc- 
cessful issue of the long and tiresome controversy. The 

^ New Hampshire State Papers, vol. xix, p. 395; Provincial Papers, 
voil. V, p. 746. 



264 ^^^^' HAMPSHIRE AS A ROYAL PROVINCE [446 

people of Massachusetts, on the other hand, were in general 
dissatisfied with the decision and regarded it as unjust to 
that province. Steps were, therefore, taken with the view 
of having the matter re-heard and the towns which were 
cut off by the hne re-annexed to that government. Ac- 
cordingly, numerous petitions to this effect were laid before 
the authorities in England, but all the attempts made to 
have the decision modified failed. 

Although both provinces were commanded to join in ap- 
pointing surveyors to run and mark out the boundaries in 
accordance with the royal decision, Massachusetts failed to 
comply. New Hampshire, therefore, had to assume the en- 
tire responsibility. In 1741 she appointed three surveyors 
to run the lines, namely, George Mitchel, Richard Hazen 
and Walter Bryant. The first marked out the similar 
curved line paralleling the river as far as the point three 
miles north of Pawtucket Falls, from which place Hazen 
ran the line west, while Bryant proceeded to run the north- 
ern boundary from the head of the Newichwannock river; 
but when he had surveyed about thirty miles of it he was 
prevented from going any further both on account of the 
ice breaking up in the rivers and ponds and by the presence 
of some Indians in the vicinity.^ 

As finally determined by the king in 1740, the southern 
boundary of New Hampshire west of the Merrimac began at 
a point on the river three miles north of Pawtucket Falls and 
ran due west until it met his Majesty's other governments. 
In accordance with this determination, Richard Hazen ran 
the line in 1741. As early as 1724, however, the Bay gov- 
ernment had built a fort in what is now Brattleboro, Ver- 
mont, which, with some others that were established within 
the present confines of Massachusetts, was intended to pro- 

^ New Hampshire State Papers, vol. xix, pp. 484, 485, 505. 



447] 'r'^P^ LAND SYSTEM 265 

tect the colony's western frontier. This post, which was 
called Fort Dummer in honor of the lieutenant-governor, . 
was, in 1741, still in her possession. As it was north of 
the line then run, and consequently no longer wnthin her 
jurisdiction, she called upon New Hampshire to provide 
for its support and maintenance, but this the latter refused 
to do. Thereupon complaint was made to the home gov- 
ernment, as a result of which an order in Council was 
issued in 1744 commanding New Hampshire to take pos- 
session of the place and provide for its defence for the 
reason that it was now within the limits of that province. 
Again, in a report drawn up in 1752 by the attorney and the 
solicitor general of England respecting some lands which had 
been originally granted by Massachusetts to Connecticut 
and then sold by the latter tO' private individuals, it was 
stated that the lands in question had, by the determination 
of the boundary line, become a part of New Hampshire.^ 
From these two cases it is evident that the authorities in 
England then regarded the territory west of the Connecticut 
as within the limits of New Hampshire. 

Soon after the close of King George's War many appli- 
cations were made to Governor Wentworth for grants of 
land in various parts of the province. As some of the tracts 
petitioned for lay beyond the Connecticut, near what was 
then believed to be the eastern boundary of New York, 
Governor Wentworth, in November, 1749, informed Gov- 
ernor Clinton of that province about the matter and re- 
quested him to state how far north of Albany New York 
extended and what the eastern boundary was, north of the 
Massachusetts line." After several months had elapsed, a 
letter was received, which was reinforced by an opinion 

* O'Callaghan, Documentary History of New York, vol. iv, p. 547. 
"^ Ibid., vol. iv, p. 531. 



266 ^'^^^ HAMPSHIRE AS A ROYAL PROVINCE [^^g 

from the council of New York, asserting that that province 
was bounded on the east by the Connecticut river, inasmuch 
as the letters patent from King Charles II to the Duke of 
York expressly granted to the latter " all the lands from 
the west side of Connecticut river to the east side of Dela- 
ware Bay." Thereupon Wentworth informed Clinton that 
this reply " would have been entirely satisfactory . . . had 
not the two charter governments of Connecticut and the 
jMassachusetts Bay extended their bounds many miles to 
the westward of the said river." He then declared that, 
prior to the receipt of his excellency's letter, he had been 
advised by the council of his own province that New Hamp- 
shire had an equal right to claim as far west as the chartered 
governments, and that in pursuance of such advice he had 
issued a grant for a township due north of the Massachu- 
setts line and twenty-four miles east of Albany.^ "Al- 
though I am prohibited," he said, " from interfering with 
his [Majesty's] other governments, yet it is presumed that 
I should strictly adhere to the limits prescribed therein, and 
I assure you that I am very far from desiring to make the 
least encroachment or set on foot any dispute on these 
points. It will, therefore, give me great satisfaction if. at 
your leisure, you can inform me by what authority Con- 
necticut and the Massachusetts government claimed so far 
to the westward as they have settled; and in the meantime 
I shall desist from making any further grants on the west- 
ern frontier of my government that may have the least 
probability of interfering with your government." 

In reply Governor Clinton declared that the claim of 
Connecticut was founded upon an agreement which was 

' O'Callaghan, op. cit., vol. iv, pp. 533, 536. In honor of the gov- 
ernor this town was called Bennington. The grant was dated Jan. 3. 
1749- 



449] THE LAND SYSTEM 267 

made with the government of New York about the year 
1684 and confirmed later by WilHam III. As for Massa- , 
chusetts, however, it was presumed that she had at first 
simply possessed herself of the lands by intrusion, and con- 
tinued in possession through the negligence of the New 
York government. Respecting the new township which had 
been granted, he said that there was reason to apprehend 
that the lands embraced within it had already been granted 
by his government. In justice, therefore, to the original 
grantees, the later grant should, if possible, be recalled. 
Otherwise he would be obliged to send a representation of 
the matter to the king.^ 

Being unanimously of the opinion that the province should 
not enter into any controversy with New York respecting 
its western boundary until his Majesty's pleasure was fur- 
ther known, the council of New Hampshire advised the 
governor to lay the facts in the case before tlie king and 
acquiesce in whatever determination the latter should make. 
Accordingly, Wentworth acquainted Clinton with the coun- 
cil's sentiments, and at the same time explained the circum- 
stances attending the grant in question. '' When I first 
wrote you on this subject," said he. " I thought I had 
given sufficient time to receive an answer to my letter,' be- 
fore I had fixed the day for passing the grant referred to; 
. . . and, as the persons concerned therein lived at a great 
distance, it was inconvenient for them to be delayed be- 
yond the appointed time. Moreover, I was not apprehen- 
sive any difficulty could arise by confining myself tO' the 
western boundaries of the two charter governments. Ac- 
cordingly I passed the patent about ten days before your 
favor . . . came to hand. There is no possibility of vacat- 

'O'Callaghan. op. cit., vol. iv, p. 534- 
■^/. <?., the letter of November 17, 1749. 



268 -V-E/J'' HAMPSHIRE AS A ROYAL PROVINCE [^-q 

ing the grant as you desire; but if it falls by his Majesty's 
determination in the government of New York, it will be 
void, of course. I shall be glad,"' he continued, "[if] the 
method I ha\'e proposed may be agreeable to your province, 
and if submitting the affair to his Majesty meets with your 
approbation, I shall, upon receiving an answer, lose no 
time in transmitting what concerns this province to the 
proper offices." ^ 

After a little more than a month had elapsed, word was 
received from Governor Clinton that the council of his 
province deemed it highly expedient to lay the matter be- 
fore the king, ard believed it would be for the mutual ad- 
vantage of both governments to exchange copies of each 
other's representations on the subject.- Although Gover- 
nor Wentworth signified his approval and acceptance of the 
council's suggestion, it appears from what the council of 
New York said in 1753 that he failed to keep his promise 
respecting the exchange of their representations.^ 

After the two governments had agreed to submit their 
respective claims to the home government, and during the 
time when the case was being considered in England. Gov- 
ernor Wentworth, notwithstanding the claim of New York, 
made further grants west of the Connecticut, and this he 
continued to do until the French and Indian war broke out 
in 1754.* 

During the war the debatable ground west of the Con- 
necticut was crossed and recrossed many times by the 
troops of the various New England colonies. As a result, 

' O'Callaghan. op. cit., vol. iv, p. 535. 

''Ibid., vol. iv, p. 536. '^Ibid.. vol. iv, pp. 537, 552. 

*Slade. Vermo7!t Siaig Papers, pp. 13-25. During this period 15 
other grants were made. None, however, were as far west as Ben- 
nington. 



45 I ] THE LAND SYSTEM 269 

the character of the country became better known and its 
adaptability for settlement was more fully appreciated. 
With Canada in the hands of the English, the nortliern 
frontiers of the colonies were forever relieved of the fear 
of being attacked by the French, while a lasting peace with 
the Indians seemed assured, for the savages were no longer 
under the domination of the French, who in the past had 
been chiefly responsible for most of the slaughter, desola- 
tion and suffering which had been caused by the Indians in 
their many raids upon the exposed and often defenceless 
settlements. 

Without waiting for the king to officially determine the 
western boundary of the province, Governor Wentworth, 
as soon as the English were in control of Canada, began 
again to grant out land in the disputed territory west of 
the Connecticut. In order to accommodate the numerous 
applicants, surveys were made on quite an extensive scale. 
Thus, along the river for a distance of some sixty miles 
three rows of townships were laid out on each side of the 
stream. Furthermore, from a line drawn approximately 
twenty miles east of the Fludson river, to which point New 
Hampshire, like Massachusetts, claimed, three rows of town- 
ships, including some of those which had already been 
granted, were mapped out. These extended from the 
Massachusetts boundary north to the neighborhood of Poult- 
ney. From this point north along the eastern shore of 
Lake Champlain to the vicinity of the present city of Bur- 
lington there were, for the greater part of the way, two 
tiers of townships. These townships were rapidly granted 
out, no less than sixty grants being issued in the year 1761.' 

In order that the rights of New York to the territory in 
controversy might be effectively asserted and the jurisdic- 

' Slade, op. ciL, pp. 13-15; Doc. Hisi. of New York. vol. iv, p. 706. 



270 NEIV HAMPSHIRE AS A ROYAL PROVINCE [4^2 

tion of that province over the same fully maintained, and 
in order that persons might at the same time be officially 
warned against purchasing any land west of the Connecticut 
on the strength of a charter granted by New Hampshire, 
Lieutenant-Governor Colden, late in December, 1763, issued 
a proclamation reasserting New York's claim to the terri- 
tory west of the river/ Moreover, all judges and civil offi- 
cers of that government residing within the same were 
commanded to continue to exercise jurisdiction. as far east 
as the banks of the Connecticut, which were declared to be 
" the undoubted eastern limits of New York, notwithstand- 
ing any contrariety of jurisdiction " claimed by New 
Hampshire or any grants of land made by the latter west- 
ward of that stream. Furthermore, the sheriff of Albany 
county was enjoined to return the names of all persons who 
held possession of any lands under grants from New Hamp- 
shire, so that they might be proceeded against according 
to law. 

To- the end that the grantees then settled, or about to settle, 
upon the lands patented by New Hampshire might not be 
intimidated or in any way hindered or obstructed in the 
improvement of their lands, and in order that the jurisdic- 
tion of the latter province might be maintained as far west 
as the grants ran, Governor Wentworth, in March, 1764, 
issued a counter proclamation. In this he encouraged the 
grantees " to be industrious in clearing and cultivating their 
lands agreeable to their respective grants," and required all 
civil officers within the province not only to be diligent in 
exercising jurisdiction as far west as the grants extended, 
but to deal with all persons who " may presume to interrupt 
t!ie inliabitants or settlers on said lands as to law and jus- 
tice dotli appertain." '" In this document the governor also 

'Doc. Hist. of I\ew York, vol. iv, p. 588. Dec. j8. 1763. 
'-Ibid., vol. iv. p. 570. March 13. 1764. 



453] THE LAND SYSTEM 271 

asserted that it was very clear that New Hampshire, by 
virtue of the decision determinino- the boundaries between 
herself and Massachusetts, had a legal right to extend her 
limits as far west as the latter did. Further than that she 
did not claim. But New York, on the other hand, pre- 
tended to claim to the very banks of the Connecticut, al- 
though she had never laid out or settled a single town in 
that part of the country since her existence as a govern- 
ment. When she did make the Connecticut river the actual 
boundary between herself and the colonies of Massachusetts 
and Connecticut, it would be time enough for her to assert 
her right to the territory on the strength of the letters- 
patent granted by Charles II to his brother, the Duke of 
York. The boundaries of New York on the north were, he 
declared, unknown; but as soon as the crown determined 
them, his government would pay a " ready and cheerful 
obedience thereunto," not doubting that all such grants as 
were made by New Hampshire, the conditions of which 
were faithfully fulfilled by the grantees, would be con- 
firmed to the latter if it should be his Majesty's pleasure to 
alter the jurisdiction. As Colden's proclamation might 
possibly affect and retard the settlement of the lands 
granted by New Hampshire, the settlers and grantees were 
assured that the patent to the Duke of York was obsolete 
and could "not convey any certain boundary to New York 
that can be claimed as a boundary, as plainly appears by 
the several boundary lines of the Jerseys on the west and 
the colonv of Connecticut on the east, which are set forth 
in the proclamation as part only of the land included in the 
said patent to the Duke of York." 

In the meantime, Lieutenant-Governor Colden had fully 
acquainted the Board of Trade with the facts in the case.^ 

^ Doc. Hist, of Nezu Yotk, vol. iv, p. 560 et seq. 



272 ^^ElV HAMPSHIRE AS A ROYAL PROVINCE [454 

After giving a resume of what had transpired between the 
two governments and refuting, with the same arguments 
and statements as had previously been advanced, New 
Hampshire's claim to the land east of a point twenty miles 
from the Hudson river, he said that it would be much 
more convenient for the settlers if the lands in question 
were put under the jurisdiction of New York, because the 
trade of that section would probably center at Albany, in- 
asmuch as the transportation of goods to that city, which 
was on a river navigable for ships of considerable burden, 
would be much easier than to the ports of New Hampshire. 
Besides that, the inhabitants would be likely to find that 
city a better market for their produce. Then, too, the rev- 
enue of the crown v/ould be much greater, as the quit-rent 
in New Hampshire was but one shilling for every hundred 
acres whereas in New York it was fixed at two shillings 
and sixpence. This, he thought, was the one thing which 
would cause the settlers to prefer tO' remain under the juris- 
diction of New Hampshire.^ Furthermore, he declared that 
a great number of reduced officers, who had served in the 
last inter-colonial v/ar, had petitioned for grants of land, 
but that the government found it impossible to accommo- 
date them as there was not enough land in the province 
clear of dispute and not reserved to the Indians unless the 
section claimed by New Hampshire was confirmed to New 
York. These officers, he asserted, absolutely declined to 
make application to New Hampshire for any lands west of 
the Connecticut. 

Upon receiving a copy of Governor Wentworth's procla- 
mation. Colden forwarded it to the Board of Trade, along 
with a letter "^ stating that " the numerous grants of town- 

' Doc. Hist, of New York. vol. iv, p. 5^-8 • 
' /bid.. \6\. iv, p. 572. 



455] THE LAND SYSTEM 273 

ships by New Hampshire on the west side of Connecticut 
river in so short a time since the last peace cannot be with 
any view in the persons whO' have received the grants to 
settle and improve those lands, but with a sinistrous view 
in a fev/ persons to put large sums of money in their pockets 
by jobbing and selling of rights through all the neighbor- 
ing colonies, as appeared to the council of this province by 
several persons going about this province, New Jersey and 
Connecticut hawking and selling their pretended rights to 
great numbers of ignorant people at low rates and de- 
frauding them of large sums of money." That the gran- 
tees did not intend tO' settle and improve the land themselves 
appeared likewise, he declared, "by several advertisements 
and by the newspaper in which Governor Wentworth's proc- 
lamation is published." "I am persuaded," he says a little 
further on. "that upon your Lordship's mature considera- 
tion of this matter, it will evidently appear on the principles 
of justice, policy and public utility that the jurisdiction of 
New York ought to extend to Connecticut river, as the 
Duke of York's patent does. The commerce of the whole 
country on the west side of Connecticut river is by Hud- 
son's river, and the produce of the northern part of that 
country must be transported by that river." "Any delay at 
this time," he concluded, "will certainly be prejudicial to 
his Majesty's interest, prevent the benefit designed for the 
army in America, and the settling of that part of the coun- 
try, besides the inconveniences and perhaps mischiefs which 
may happen by the different claims of jurisdiction." 

On July 20th, 1764, the king finally decided the boun- 
dary dispute in favor of New York, by declaring " the 
Vvcstern banks of the river Connecticut from where it en- 
ters the province of the Massachusetts Bay as far north as 
the forty-fifth degree of north latitude to be the boundary 



274 ^^^ HAMPSHIRE AS A ROYAL PROVINCE [456 

line between the said two provinces of New Hampshire and 
New York." ^ 

From the time that the first grant was made in 1749 
until this decision was rendered in 1764 not less than 131 
townships were granted by Governor Wentworth in the 
territory west of the Connecticut. Most of these had been 
granted since the subjugation of Canada, and almost half 
in a single year. Besides these patents, the governor, by 
virtue of a royal proclamation, dated October 7th, 1763, 
also granted out six tracts of land, varying from two to 
three thousand acres each, to as many reduced officers. 
The charters, embodying the various town grants, were 
similar in form to those issued by the governor when he 
granted out new townships east of the Connecticut, and the 
terms and conditions of settlement, as well as the reserva- 
tions mentioned in them, were generally the same. Like- 
wise the quit-rent in all was fixed at one shilling for every 
hundred acres. - 

Although Governor Wentworth remonstrated against the 
change of jurisdiction, he was finally prevailed upon to 
issue a proclamation " recommending tO' the proprietors 
and settlers due obedience to the authority and laws of the 
colony of New York." In view of the position later taken 
by the New York officials with reference to the claims of 
those holding under grants from New Hampshire, the latter 
resolved to resist the pretensions of the New York govern- 
ment. As a result a controversy arose which continued 
with remarkable vigor until after the Revolution.^ 

^ Doc. Hist, of New York, vol. iv, p. 574 

"^ New Hampshire State Papers, vol. x, p. 204; vol. xxvi, preface x; 
Slade, op. cit., pp. 13-16. The number 131 does not include the re- 
grants. 

' For a detailed account of this controversy which at one time threat- 
ened to produce civil vizr in and disrupt New Hampshire, but which 



457] THE LAND SYSTEM 275 

During the time when the commissions of Allen and Dud- 
ley were in force the growth of the province was very slow. 
The original settlements became more and more populous, 
but only a few of the inhabitants pushed forward into the 
interior and opened up the country there. The uncertainty 
which existed concerning titles to- land doubtless prevented 
many people from taking up a residence within the prov- 
ince; but the most important factor contributing to so slow 
a growth is to be found in the fact that during almost that 
entire period the inhabitants were involved in hostilities 
with the French and Indians. For the greater part of the 
time, therefore, the establishment of new settlements was 
impracticable. The only township established in the in- 
terior was that of Kingston, which lay to the west of Hamp- 
ton. This was granted to some petitioners from that place 
in 1694 while there was a truce with the Indians.^ The 
year before this a new township, called New Castle, was 
created out of those parts of Portsmouth known as Great 
Island, Little Harbor and Sandy Beach. ^ Major Vaughan, 
one of the councillors, objected to the lieutenant-governor 
passing this grant, on the ground that the royal commission 
only vested the executive with power to grant entirely new 
townships and gave him no right whatever to- subdivide the 
old ones.^ In 1704 another slice of territory was set ofif 
from Portsmouth and made a separate parish by the name of 

finally resulted in the establishment of a new state, namely Vermont, 
see Doc. Hist, of New York, vol. iv, pp. 577, 587, 593 et seq.; Slade, 
op. cit., pp. 21 et seq.; Provincial Papers, vol. x, passim; Allen, 
Hist, of Vermont, passim; Sanderson, Hist, of Charlestown, passim. 

^Provincial Papers, vol. ii, pp. 107, 132; vol. iii, pp. 16, ig; New 
Hampshire State Papers, vol. xxv, p. 179. In the charter, the name 
is spelled Kingstown. 

^Ibid., vol. xxv, 361; Provincial Papers, vol. ii, pp. 92, 93, 95. 

'Ibid., vol. ii, p. 107. 



276 NEW HAMPSHIRE AS A ROYAL PROVINCE [458 

Greenland, but full town privileges were not conferred upon it 
for a great many years/ In 1692 the council passed an order 
that the inhabitants of that part of the Squamscott patent, 
which later received the name of Stratham, should be rated 
by the selectmen of Exeter instead of being left with 
Hampton, to which they had formerly been connected.'' 
Eventually this district became a separate township, called 
Stratham." In December, 171 5, Star Island, the most im- 
portant island of the Isles of Shoals, was incorporated 
under the name of Gosport.^ In 1695 ^^^^ inhabitants of 
that part of Dover knov/n as Oyster river petitioned for 
the grant of a township, and four years later they preferred 
another petition, desiring to^ be set off as a parish by them- 
selves.^ Neither of these petitions, however, were favorably 
considered, and it was not until May, 1732. that the district 
was incorporated.^ 

With the close of Queen Anne's war and the restoration 
of peace throughout the continent the danger of Indian 
raids was once more removed. Consequently, the interior 
again offered a fair field for the establishment of new settle- 
ments. As a result of the favorable reports and encourag- 
ing offers which had been received, a considerable number 
of Scotch-Presbyterians in the north of Ireland resolved to 
emigrate to New England. In the summer of 1718 a num- 
ber of them arrived in Massachusetts. Most of these soon 

'^ New Hampshire State Papers, vol. xxv, p. 59. 

'^ Provi?icial Papers, vol. ii, p. 85. 

^ Ibid., vol. ii, pp. 688, 691; vol. iii, pp. 406-7; vol. ix, p. 778. It 
became a town, January, 1716. 

^ Neiv Hampshire State Papers, vol. xxiv, p. 149. 

^Provincial Papers, vol. ii, p. 171; vol. ix. p. 234; New Hampshire 
State Papers, vol. xxvii, p. 215. 

^Ibid., vol. xxiv, p. 710. Incorporated as Durham. Provincial 
Papers, vol. iii, pp. 618, 620. 



^29] T^^ LAND SYSTEM 277 

afterwards settled upon lands offered by Massachusetts, but 
those under the charge of the Rev. James MacGregor, not 
finding a place to their liking, deferred for a time the estab- 
lishment of a permanent settlement. Finding, in the spring 
of 1 719, a suitable tract of unappropriated land some dis- 
tance north of Haverhill, they established themselves upon 
it, and so rapidly did others join them that in six months 
there were no less than seventy families upon the place. A 
month after the settlement was started ^ they petitioned the 
General Court to be formed into a township, if the lands 
were found to be within the limits of that government. As 
this petition was rejected, they applied, in September, to 
New Hampshire for a charter of incorporation.* As it 
was doubtful whether the executive had the right to grant 
away the land owing to the fact that it was part of the 
waste which the heirs of Allen claimed, the lieutenant- 
governor declined to make them an actual grant, but assured 
them of the protection of the government and afforded 
them the benefits of self-government. To protect them- 
selves as far as possible in the ownership of the soil, the 
settlers obtained from John Wheelwright's descendant an 
Indian deed for a tract of country ten miles square. As the 
settlement was situated in a forest abounding in nut trees, 
it became generally known as Nutfield.^ Because the land 
which the settlers had purchased extended on one side to 
the Merrimac river, part of it lay west of the line which 
Massachusetts claimed marked the boundary between the 
two provinces. That province, therefore, protested against 
the encroachment, and ordered some of the leading men of 

* May, 1719. 

^New Hampshire State Papers, vol. xxiv, p. 171; Provincial Papers, 
vol. ii, p. 728; vol. iii, p. 707; vol. ix, p. 480. 

'^ Ibid., vol. ix, p. 479. 



278 ^S^ HAMPSHIRE AS A ROYAL PROVINCE [460 

the place to explain why they had proceeded so far in their 
settlement without the leave or consent of the General 
Court/ 

Although several petitions had been preferred to the 
government of New Hampshire for township grants in the 
unappropriated parts of the province, the governor, for the 
reason above mentioned, did not see his way clear to make 
such grants.- Permission, however, was given to some of 
the intending settlers to settle upon the lands they desired. 
Finally, however, a way v^^as found by which the difficulty 
respecting the title was, in a manner, evaded. This was by 
inserting in the respective charters a saving clause to the 
effect that the governor, by and with the advice and con- 
sent of the council, granted away the lands so far as it was 
in his power to grant them. Accordingly, in May, 1722, 
four large townships were granted." These were called 
Chester, Nottingham. Barrington and Rochester, each join- 
ing the other in the order named. Upon a petition pre- 
ferred by the children of former Governor Allen, a tract 
of land four miles square west of the Nottingham line was, 
during the same month, granted to them.* At last, on the 
2 1 St of June, the people of Nutfield also received a charter 
formally incorporating them intO' a township under the 
name of Londonderry.^ The townships thus granted formed 
a rather irregular but unbroken belt in the rear of the old 
towns, extending across the province in a southwesterly 
direction from the Salmon Falls river to approximately the 

^ N'eiv Hampshire State Papers, vol. xxiv, p. 171. 

^Provi?icial Papers, vol. ii. p. 728; vol. iii. pp. 707. 781, 791. 793. 799. 

'^ Ibid.,\o\.\\,'p. 42: Neiv Havipshire State Papers, vol. xxiv, pp. 292. 
402, 423, 566. Chester charter was dated May 8th, the others May lOth. 

''Ibid., vol. xvii, p. 755; vol. xxvii, p. 43- This was known as Aliens- 
town. 

^ Ibid., vol. XXV, p. 2^y, Provincial Papeis. vol. iv, p. 2. 



46 1 ] THE LAND SYSTEM 279 

present limits of the town of Hudson/ The western parts 
of Chester and Londonderry, as well as a good part of 
what was given to the children of Samuel Allen, lay west 
of the line claimed by Massachusetts as her boundary. 

Although New Hampshire had long been anxious to have 
her southern boundary officially determined, Massachusetts 
had always placed obstacles in the way of a fair and im- 
partial settlement of the line. The former repeatedly pro^ 
tested against the Bay's encroachments, but these protests 
availed nothing. After Penacook, now Concord, was 
granted in January, 1726,^ this province again protested. 
It also appointed a committee to warn the Massachusetts 
men that the grant was within the limits of New Hamp- 
shire and that they should in consequence stop further 
work on the settlement. The latter, however, refused to 
heed the warning but proceeded with the work they had in 
hand. In this they were upheld by the General Court, 
which continued to receive and consider petitions for town- 
ship grants in the territory west of a line drawn three miles 
east of the Merrimac. 

At last, New Hampshire decided to grant out all the land 
west of Nottingham and Barrington as far as the Merri- 
mac river from Chester on the south to- the outlet of Lake 
Winnepesaukee on the north. Accordingly, this was 
divided into six townships, all of which were granted in 
1727. Of these three, namely. Bow, Canterbury and Gil- 
manton,^ were large and had a considerable frontage on 
the Merrimac river; while the others, namely, Barnstead, 
Chichester and Epsom, were much smaller * and at no 

' See map in Nezu Hatnps/iire State Papers, vol. xxiv, p. 622. 
'1725-6. 

^ New Hampshire State Papers, vol. xxiv, pp. 489, 523; vol. xxv, 
p. 21. 

''Ibid., vol. xxiv, pp. 419, 576, ■J2>2. 



28o ^^E^V HAMPSHIRE AS A ROYAL PROVINCE [462 

point touched that stream, being comprehended between the 
first three towns and those of Nottingham and Harrington. 
The grant of Bow conflicted with that of Penacook and a 
part of it extended beyond the Merrimac. After these 
grants were made, a decade elapsed before another town- 
ship was granted. Then Governor Belcher created, for the 
benefit of some of his friends, a township, called Kings- 
wood, out of a large tract of country bordering on the 
southern and eastern sides of Lake Winnepesaukee.^ After 
this grant was made there was no unappropriated land in 
the province south of the lake and east of the Merrimac. 

As no other grants were made until after Nev/ Hamp- 
shire received a separate governor of her own, it will be 
well to consider the different town charters which had been 
issued up to that time. No two of these were exactly the 
same. The earliest charter, issued in 1693 to the inhab- 
itants of the tract therein bounded and described, stated 
that that tract of land should be a " town corporate by 
the name of New Castle." ' To the inhabitants were 
given, for the use of the general public, all the streets, lanes 
and highways within the town and "full power, license and 
authority" to lay out. establish, change and repair all such 
streets, roads, ferry places and bridges within the same as 
should be deemed necessary and convenient for the people, 
but such license was not to be construed to take away any 
one's rights or property without his consent or some law 
of the province. Moreover, the inhabitants were to enjoy 
the free use of the ferry (connecting with the mainland) 
every Wednesday, which was the day designated for the 

^ Neiv Hampshire State Papers, vol. xxv. p. 183. Date of grant, 
October 20, 1737; vol. ix, p. 456. 

"^Provincial Papers, vol. ii. p. 108; N'ew Hampshire State Papers, 
vol. xxv, p. 361. 



463] THE LAND SYSTEM 28 1 

weekly market, and also on the two days in July which 
were set aside for the annual fair. Furthermore, they were 
to have "all issues and profits" accruing to the market and 
fair, and " all liberties and free customs, privileges and 
emoluments" belonging or appertaining to the same. On 
the first Tuesday of every March the inhabitants were to 
elect " two sufficient and able . . . householders " of the 
town to act as constables for the ensuing year. After their 
election, these officers were to present themselves to the 
next court of Quarter Sessions to take the accustomed 
oaths appointed by law. At the same meeting the people 
were also to choose three other householders tO' officiate as 
selectmen or overseers of the poor and highways, with 
"such powers, privileges and authorities as any selectmen 
or overseers within our said province have and enjoy, or 
ought to have and enjoy." As an acknowledgment to the 
government, the town was required to pay a quit-rent of 
one pepper-corn a year. Such in brief, were the provisions 
of the first town charter granted by the provincial govern- 
ment. The charter of Kingston, which was granted the 
following year to Isaac Godfrey, Thomas Philbrook and a 
number of other gentlemen, was similar to this, but no 
mention was made of any market day or fair, nor, as the 
town was in the interior, was anything said about a ferry. 
The lands of this township were, at the time, uninhab- 
ited, being situated in the wilderness some miles west of 
Hampton.^ 

Unlike the charters of New Castle and Kingston, all 
those that were issued later provided that certain conditions 
of settlement should be fulfilled by the persons to whom the 
lands therein designated were conveyed. In general, dur- 

^ Neiv Hampshire State Papers, vol. xxv, p. 180; Provincial Papers, 
vol. ii, pp. 119, 131. 



282 NEW HAMPSHIRE AS A ROYAL PROVINCE [464 

ing the period of which we are speaking, these conditions 
were, that a certain number of famihes should be settled 
upon the grant and a corresponding number of houses built 
for their accommodation within a specified period. Fur- 
thermore, each family was required to clear a few acres of 
land and contribute to the erection of a meeting-house 
within a designated number of years/ In all cases it was 
provided that, if an Indian war broke out before the ex- 
piration of the time allowed for the fulfilment of these con- 
ditions, as many more years were to be allowed the gran- 
tees as were given them in the charter for the settlement of 
the requisite number of families within the township. In 
all but two of the charters — those of Barrington and Ep- 
som—it was stipulated that each proprietor should pay his 
proportion of the town charges, and that any who failed 
to comply with the terms of the charter within the time 
limited should forfeit his share or right in the town to the 
other proprietors." In the charter of Kingswood it was 
further stipulated that any proprietor who' neglected or re- 
fused to pay his share of such sums as were voted, in any 
proprietors' meeting, to forward the settlement of the place, 
should have so' much of his land sold at public auction as 
would amount to five times the sum assessed against him, 
the proceeds from the sale, after deducting the charges, to 
be put into the treasury of the proprietary.'' Owing to the 
dispute between Allen and the inhabitants over the owner- 
ship of the soil of the province, it was stated in all the 
charters that the lands therein defined and bounded were 

^ New Hampshire State Papers, vol. xxiv, pp. 419. 423. 489, 524, 567, 
576, IZy^ vol. XXV, pp. 17, 183, 273. In most of them the houses had 
to be built and the families settled in the tovi'n within three years, and 
three acres of ground had to be cleared by each family in four years. 

^ New Hampshire State Papers, vol. xxiv, pp. 423, 733. 

^Ibid.. vol. XXV, p. 185. 



465] THE LAND SYSTEM 283 

bestowed on the grantees as far as it was in the power of the 
government to grant them/ Furthermore, in the charter 
of Londonderry there was an additional clause to the effect 
that nothing in the charter should be construed tO' defeat, 
prejudice or make null and void any claim or title which 
either Massachusetts or any private individual might have 
to any part of the lands sO' granted by virtue of their fall- 
ing within the confines of that government." In all but 
three of the charters, namely, those of Barrington, Epsom 
and Kingswood, it was provided that the lands within the 
township should be divided among the grantees intO' equal 
shares. In that of Barrington, which was granted to the 
four proprietors of the iron works on Lamprey river to 
encourage them in their undertaking, it was stipulated that 
the lands should be divided among the grantees in propor- 
tion tO' the amount of taxes which each paid in Portsmouth 
the year before,^ while in that of Epsom, which was given 
to; the freeholders of New Castle and Greenland, it was 
provided that the lands should be divided among them in 
proportion to the rates paid by each in 1723.'' In the char- 
ter of Kingswood, on the other hand, nothing at all was 
said respecting the manner in which the lands should be 
divided among the grantees.^ In all the charters, clauses 
were inserted specially reserving for his Majesty's use all 
mast trees fit for the royal navy, and in all provision was 
made for the payment of an annual quit-rent or acknowl- 
edgment to the government. This, however, was but nom- 
inal. In the charters of Nottingham and Bow,^ it was an 

'The phrase was " as far as in us lies." 

"^ Nezv Hampshire State Papers, vol. xxv, p. 274. The charter was 
granted in 1722. 

^ Ibid., vol. xxiv, p. 423. ^Ibid., vol. xxiv, p. 733. 

"Ibid., vol. xxv, p. 183. ^ Ibid., vol. xxiv, p. 489; vol. xxv, p. 402. 



284 ^^^^^^ HAMPSHIRE AS A ROYAL PROVINCE [^66 

ear of Indian corn; in those of Barrington, Chester, Barn- 
stead, Epsom and Chichester, a pound of hemp;^ in that 
of Canterbury, a pint of Indian corn ; - in that of Gihman- 
ton, a pound of fiax ; ^ in that of Rochester, a pint of tur- 
pentine ; in that of Londonderry, a peck of potatoes ; * and 
in that of Kingswood, ten pounds of hemp.^ 

Every charter stated that the tract of land therein desig- 
nated was a town corporate, and every one provided that 
town meetings should be held annually for the election of 
constables, selectmen and other town officers. In all but 
two, those of Rochester and Kingswood, the day upon 
which the election was to be held was also' specified. In the 
town of Bow it was to be held on the first Thursday in 
April," and in that of Epsom on the first Wednesday in 
May," while in all the other tow'ns the election was set for 
a day in March. In the charter of Epsom it was also stip- 
ulated that the annual meeting might be held in any town 
of the province until the settlement of the town itself was 
perfected. In quite a number of the charters three persons 
were named to call the first meeting and act as the select- 
men of the town until others were regularly chosen. In all 
the charters but one — that of Londonderry — a certain 
amount of land was set aside for a parsonage, for the benefit 
of a school, and for the support of the first ordained min- 
ister settled in the town. In most of them, the land re- 
served for each of these purposes equaled a proprietor's 
share; in the rest, it was a designated number of acres. In 
the charter of Kingsvi'Ood 300 acres more were reserved 
for the second ordained minister that was settled in the 

^ New Hampshire State Papers, vol. xxiv, pp. 419, 423, 567, 576, 733. 
''■Ibid., vol. xxiv, p. 524. ^Ibid., vol. xxv, p. 17. 

*Ibid., vol, xxv, p. 2J2,- ''Ibid., vol. xxv, p. 183. 

^Ibid., vol. xxiv, p. 489. "^ Ibid., vol. xxiv, p. TZZ- 



467] ^^-S LAND SYSTEM 285 

town, and it was also provided that an orthodox minister 
should be settled in that town within seven years/ In more 
than half of the townships both the governor and the lieu- 
tenant-governor of the province received a house-lot and 
500 acres of land, while the members of the council each 
received a proprietor's share. In the grant of Londonderry- 
five of the grantees received between them, in addition to 
what they received as their regular shares, 850 acres of 
land for the good services they had rendered in promoting 
the settlement of the place, and two of these five were 
granted, in addition to this, the use of a mill stream within 
the town.^ Only in two of the charters — those of Lon- 
donderry and Kingswood — was any mention made of any 
fairs. In both those towns two fairs might be held every 
year upon the days specified, and in the former a market 
might also be held every Wednesday.^ 

As the towns, most of which were very extensive, be- 
came more and more populous and the centers of population 
within the same sometimes shifted, the distance which many 
people had to go to attend divine worship became greater. 
Additional meeting-houses, therefore, became necessary. 
Many inconveniences, too, often arose relative to the trans- 
action of town aft'airs, and occasionally there were fac- 
tional quarrels between those living in different sections of 
the town. These and other causes gave rise to the division 
of the towns into parishes, some of which, through the 
operation of similar causes, were afterwards subdivided. 
Sometimes the district set off from a town was, at the time 
of the separation, incorporated as a new town, but more 
often full town privileges were not conferred upon it for 
many years. These divisions might be made either by the 

^ New Hampshire State Papers, vol. xxv, p. 184. 

'^ Ibid., vol. xxv, p. 276. '^ Ibid., vol. xxv, pp. 185, 273, 276. 



286 ^^^ HAMPSHIRE AS A ROYAL PROVINCE [468 

legislature or by the g-overnor, and corporate powers might 
be conferred upon the inhabitants either by an act of the 
legislature or by a charter from the governor. 

During the provincial period there were set off from 
Portsmouth, New Castle and Greenland; from Hampton, 
Hampton Falls and North Hampton ; ^ from Dover, New- 
ington, Somersworth, Durham and Madbury ; ^ from Ex- 
eter, Newmarket, Epping and Brentwood ; from Kingston, 
East Kingston, Sandown and Hawke; from Londonderry, 
Windham and Derryiield ; from Chester, Candia and Ray- 
mond; from Canterbury, Loudon; and from Nottingham, 
Deerfield and Northwood.^ Some of these districts were 
later subdivided. Thus, from parts of Hampton Falls, 
Kensington and Seabrook were formed ; from part of 
Brentwood. Freemont; from part of Durham, Lee; and 
from parts of Portsmouth, New Castle and Hampton, the 
parish of Rye. As the townships which were granted after 
the middle of the century were, in most cases, much smaller 
than those granted prior to that time, the need of subdivid- 
ing them was not so urgent. Consequently they have, as a 
rule, retained approximately their original charter bounds. 

After the Masonian proprietors began to grant out the 
lands embraced within their claim,* the governor made prac- 
tically no attempt tO' interfere with them, and did not issue 
a single grant for land east of what was considered the 
western boundary of their claim. As they were unable, 
however, to- confer political or municipal privileges upon 
the grantees, it became necessary, when the towns they 

^ New Hampshire State Papers, vol. xxiv. p. 134. 
''■Ibid., vol. xxiv, p. T^- 

^ Ibid., vol. xxiv, pp. 243, 523, 566, 576; vol. xxv, pp. 179, 272, 402, 
543- 
^'St^post. pp. 303, 310. 



469] '^HE LAND SYSTEM 287 

granted desired these privileges, to petition the government 
for the same. Likewise, in the grants that had been made 
by Massachusetts, these privileges had not been conferred. 
In the New Hampshire grants, on the other hand, provision 
had been made for the political organization of the town, 
and such provision continued to be made in the township 
charters until John Wentworth assumed the reins of gov- 
ernment in 1767. Where it was not made it was necessary 
to apply to the government for such privileges. In a few 
instances, however, it appears that the inhabitants assumed 
the powers and privileges of municipal self-government 
without any legal incorporation. 

When the southern boundary of the province was run in 
1 74 1, the line cut off from the six Massachusetts towns on 
the lower Merrimac all the lands which the latter claimed 
north of a point three miles from the river. The inhabi- 
tants north of the line, thus excluded from the Massachu- 
setts towns, then found themselves without the bounds of 
any township. As a result, no legal meetings could be held, 
no officers elected, and no taxes levied or collected. To 
obviate these difficulties the New Hampshire legislature 
created out of the lands thus cut off six new districts, all 
of which within the next decade petitioned for and re- 
ceived from the governor full corporate privileges, being 
incorporated under the names of South Hampton, New- 
town, Plastow. Hampstead, Salem and Pelham.^ Later 
Plastow was subdivided, a new parish being created out of 
it and incorporated under the name of Atkinson. 

^ New Hampshire State Papers, vol. xxv, pp. 73, 383. 419, 449, 493, 
521. Plastow and Newtown were later known as Plaistow and Newton. 
The dates of the charters of incorporation are: South Hampton, May 
25, 1742; Pelham, July 5, 1746; Hampstead. January 19, 1749; Plastow, 
February 28, 1749; Newtown, December 6, 1749; Salem, May 11, 1750, 
Atkinson, September 3, 1767. 



288 '"^EIV HAMPSHIRE AS A ROYAL PROVINCE [470 

Out of that part of the old Dunstable grant which fell 
within New Hampshire when the boundary line was run 
no less than six townships were formed/ In 1746 the gov- 
ernor granted five charters of incorporation to the inhab- 
itants of as many different sections of the territory as had 
presented him with petitions praying to be enfranchised, 
and granted the powers and privileges of other towns, and, 
in 1749, upon a similar petition, that part of the grant 
known as Naticook or Brenton's farm also received a char- 
ter of incorporation. The names under which these tracts 
were incorporated were Dunstable, Holies, Monson, Mer- 
rimac, Litchfield and Nottingham West.' In 1770 Mon- 
son lost its identity, being divided between the towns of 
Amherst and Holies, the reason assigned by the inhabitants 
in their petition for a division being that the land was so 
barren and broken as scarcely to admit of any improvement, 
thus rendering it impracticable for their civil and religious 
polity.^ 

From 1 741 until the time of the Revolution about fifty 
charters of incorporation were issued by the governor. All 
were, in the main, similar in form. In each, it was stated 
that the inhabitants of the tract therein designated and de- 
scribed were thereby formed and incorporated intO' a body 
politic and a corporation, possessing all the powers and 
privileges, immunities and franchises, which any of the 
other towns within the province held and enjoyed by law. 
In each, also, two reservations were made, one reserving to 
tlie crown all white pines growing within the town which 

'The grant of Dunstable was made by Massachusetts in 1673. 

"Nejv Hampshire State Papers, vol. xxv, pp. 135, 137, 255, 334, 349. 
353. Later the names Dunstable, Holies and Nottingham West were 
changed to Nashua, Hollis and Hudson. 

'Ibid., vol. xxv, p. 351. 



471 ] THE LAND SYSTEM 289 

were, or might be, fit for the royal navy, and the other, re- 
serving to the government the power to divide the town 
whenever it should be thought necessary or convenient for 
the inhabitants. In each, too, some person was named to 
call the first meeting of the inhabitants, that such officers 
as the law provided for might be legally chosen. Moreover, 
the time within which this meeting was to be called was 
regularly specified. Usually, too, the day and month when 
the annual meeting was to be held were also mentioned.' 
in almost all the charters it was stipulated that this meeting 
should be held in March. As most of these charters were 
granted to the inhabitants of towns lying within the limits 
of Mason's grant, they usually contained a clause to the 
effect that nothing in the charter should be construed to 
affect " the private property of the soil." " 

In 1 75 1 the Governor began to grant out the land within 
the territory east of the Connecticut river and west of what 
was regarded as the western boundary of Mason's grant. 
Up to the time when war broke out in 1754 almost all the 
townships which he granted in that section were situated 
in that part of the territory from which Massachusetts had 
made grants prior to the determination of the southern 
boundary of New Hampshire, and most of them were sub- 
stantially re-grants of the Massachusetts townships under 
different terms and conditions. Some of them were granted 
exclusively to the original grantees and tO' such others as 
had acquired rights in the soil from the latter, while some 
of the grantees named by the governor in other township 

^ New Hampshire State Papers, vol. xxv, pp. 30, 306, 307, 358, 365, 
506, passim. In the charters issued by Benning Wentworth the meet- 
ing was generally to be held within 30 days from the date of the charter; 
in those issued by John Wentworth, more time was usually allowed. 
The longest period was 190 days; the shortest, 20 days. 

"^ Ibid., vol. xxiv, p. 701; vol. xxv, pp. 4. 114. 332, ^^^>>7)^ ^97, passim. 



290 NEW HAMPSHIRE AS A ROYAL PROVINCE [472 



fe 



grants were people who had been named in or were settlers 
under the original charters. 

As Canada was in the hands of the English when the 
war closed, and remained thereafter in their possession, all 
danger from the enemy was removed. The result was that 
towaiships were granted in greater numbers and further 
north than ever before. In most of the charters which 
were issued by Benning Wentworth in this section during 
the quarter of a century when he was governor, the terms, 
conditions and reservations mentioned in each were, in the 
main, the same. In most cases, all the land within the 
township, the area of which was supposed tO' be equivalent 
to six miles square, after a tract of 500 acres was set aside 
for the governor and a liberal allowance made for high- 
ways, ponds, rocks and mountains, was to be divided into 
a designated number of equal shares, all but three or four 
of which were to be apportioned among the grantees whose 
names were appended to the charter.^ In some of the char- 
ters the members of the council were included among the 
grantees, each receiving one share. Of the shares reserved, 
one was for the Incorporated Society for the Propagation 
of the Gospel in Foreign Parts, one for the first minister 
of the gospel settled in the town, and one for a glebe for 
the ministry of the Church of England. In the charters 
issued from 1760 on, a share was also reserved for the 
benefit of a school. In a few, issued in 1766 and 1767. 
only two shares were reserved, one for the first settled min- 
ister and one for the benefit of a school. Each grantee was 
required to plant or cultivate five acres of land in five years 
for every fifty he received, and continue thereafter to im- 

' Usually the governor's land was in one corner of the town. Gener- 
ally the allowance for ponds, etc., was 1040 acres. The number of 
shares varied; generally there were 68 or 70 shares. 



473] THE LAND SYSTEM 291 

prove and settle the same by additional cultivation, upon 
pain of forfeiting his share. In all cases the same quit- 
rent was imposed. For the first ten years this was tO' be 
an ear of Indian corn; after that one shilling a year for 
every hundred acres. Furthermore, pine trees fit for the 
royal navy were always reserved, and any grantee who at- 
tempted to cut the same without the royal license was to 
forfeit his share and pay such penalty as was mentioned in 
the act of Parliament. 

In every charter it was stated that the tract granted was 
thereby incorporated as a township, the inhabitants of which 
were entitled to all the privileges and immunities that other 
towns within the province exercised and enjoyed. In some 
of the charters granted between 1760 and 1767 it was stip- 
ulated that the town should remain incorporated during 
the governor's pleasure; in others, until his Majesty's pleas- 
ure was signified to the contrary; and in still others, until 
a certain year (a few years distant). Then upon the peti- 
tion of the inhabitants they were reincorporated, to remain 
so either until his Majesty's pleasure was further known 
or during the governor's pleasure.^ In all the charters it 
was provided that the first meeting should be called within 
a certain period by the person named in the charter, and 
that the annual meeting should be held at the time therein 
specified. In almost all cases it was to be held in March, 
and in a great many of the towns on the second Tuesday 
of the month. As soon as there were fifty families settled 
upon the land the town might hold two fairs a year, one in 
the spring and the other in the fall, and might also keep a 
market one or more days in each week. If the grantees 
failed to fulfil the conditions of the grant the whole was to 
revert to the king, and might be re-granted. 

^ New Hampshire State Papers, vol. xxiv, pp. 480, 600,636, 709; vol. 
XXV, pp. 32, 34, 300, 358. 365, 367, 370, 477, 490, 502, 636, 638. 



292 ^£W^ HAMPSHIRE AS A ROYAL PROVINCE [474 

In the charters of Charlestown, Hinsdale, Keene, Swan- 
zey and Winchester, all of which towns had been previousl}'' 
granted by Massachusetts and partly improved under the 
latter's grant, it was stated that the land within the respec- 
tive townships should be divided into such shares and pro- 
portions as the grantees then held or claimed either by pur- 
chase, contract, vote or agreement made among themselves. 
In all but the charter of Keene the right w^as reserved to 
add to or divide these towns, as far as the incorporation of 
the same was concerned, whenever it appeared necessary or 
convenient, while in those of Hinsdale, Swanzey and Win- 
chester a clause vt'as inserted to the effect that the unim- 
proved lands should be subjected for four years to an 
annual tax for the erection of a meeting-house and the 
settlement of a minister in the town. The tax was to be 
Yi d. an acre in Hinsdale and i d. in the other two. Al- 
though it was provided that a market might be held on 
one or more days in the week as soon as there were fifty 
families in the town, nothing was said respecting any fairs. 
In all other respects these five charters were similar to 
those which were usually granted. 

The township charters which were granted by Governor 
John Wentworth, Benning Wentworth's successor, were 
not as uniform in their terms and conditions. Although 
the townships were generally granted, as before, to a con- 
siderable number of grantees, several were bestowed upon 
a few men. Three — Colebrook, Cockburne and Stewart- 
town ^ — were conferred upon the same four men — Sir 
George Colebrooke. Sir James Cockburne, John Stewart 
and Joh.n Nelson. Durand " was granted to John Durand 

' Later the last two names were changed to Columbia and Stewarts- 
town. Colebrook, Cockburne and Stewart were residents of London, 
while Nelson lived in Grenada in the West Indies. 

■'' Later the name was changed to Randolph. 



475] ^^-^^ LAND SYSTEM 293 

and his son, both of London, saving, however, three 500- 
acre plots in" the town for three others mentioned in the 
charter; Shelburne to Mark Hunking Wentworth and six 
other gentlemen of the province; Landafif to the trustees of 
Dartmouth College for the benefit of the latter; and both 
Maynesborough and Paulsbourg ^ to Sir William Mayne 
and eighteen others.^ The clause incorporating the town 
was not included in the charters granted by John Went- 
worth. Consequently nothing was said about holding town 
meetings. The clauses, too, respecting the holding of a 
weekly market and annual fairs were also lacking. Al- 
though, in some of the charters, a share was reserved for 
the benefit of a school, another for the first settled minister, 
a third for the Society for the Propagation of the Gospel, 
and a fourth for a glebe for the Church of England, in 
others shares were reserved for only three of these pur- 
poses, in still others for only one or two, and in quite a 
number no shares were reserved at all. In all, there was 
the same reservation respecting pine trees as in the char- 
ters granted by the previous governor. Within a certain 
period, varying in the different charters from one to ten 
years, one ear of Indian corn had to be paid as a quit-rent, 
after which the latter was to be one shilling a year for 
every 100 acres. As a rule, the town lots were of the usual 
size, one acre, but where there were but a few grantees 
they were four times as large. Generally, within a speci- 
fied time, usually one or two' years, the grantees were re- 
quired to build a road through their township suitable for 
carriages of all kinds. In almost all the charters it was 
provided that a certain number of families — in the major- 

' Later known as Berlin and Milan. 

^ New Hampshire State Papers, vol. xxiv, pp. 477, 593, 603; vol. xxv, 
203, 340, 513, 537- 



294 ^^^^ HAMPSHIRE AS A ROYAL PROVINCE [476 

ity of cases twelve — should be settled in the town within a 
designated period, and that additional settlements should be 
made after that, so that by a certain year there should be 
no less than a specified number of families, generally sixty, 
upon the grant. In several charters there was a further 
stipulation to the effect that, if the land was adapted to the 
raising of hemp or flax, ten acres in every hundred should 
be planted with the same inside of ten years.' In several 
there was a clause expressly stating that the grant should 
not interfere with any previously made and in force." In 
a few charters the grantees were not required to settle any 
particular number of families upon the grant, but they were 
tO' have 2,350 acres enclosed within five years and cultivated 
with grass, hemp, corn, flax or English grain, according as 
the soil might prove suitable for all or either of them.' 

A great number of the townships reverted tO' the crown 
through the failure of the grantees tO' fulfil the conditions 
of the grant, and were re-granted by the governor, some- 
times to the same grantees but more often tO' others. The 
failure to comply with the conditions of the charter was 
due to various causes, such as bad crops, the lack of com- 
munication with other settlements and especially with the 
centers of trade, the failure of some of the grantees to 
perform their share of the work, and the remote location 
of the town and its inaccessibility. In some cases, where 
the townships were granted prior to 1760 it was due tO' the 
hostilities with the Indians, which compelled the settlers to 
withdraw from the town entirely. 

Sometimes the inhabitants petitioned the governor for 
an extension of time for the fulfilment of the terms of the 

^ Nezv Hampshire State Papers, vol. xxv, pp. 174, 344. 528, 628. 
'Ibid., vol, xxiv, pp. 499, 735; vol. xxv, pp. 174, 344, 528, 628. 
■^ /bid., vol. xxiv, p. 703; vol. xxv, p. 553. 



477] THE LAND SYSTEM 295 

charter. In some cases, where the hostilities with the In- 
dians had rendered comphance with the terms of the char- 
ter impossible, the grantees were given an additional year, 
which term was to be renewed annually until plenary 
instructions were received from the king relating to the in- 
cident which prevented a compliance with the charter/ In 
other cases the charters were renewed for a definite period, 
varying, according to circumstances, from three to five 
years." 

In addition to the township grants, a considerable num- 
ber of other grants were made by the last two governors 
to various persons who had applied for land by virtue of 
the royal proclamation of October 7th, 1763, which com- 
manded and empowered the governor to grant lands with- 
out fee or reward to such ex-ofihcers and soldiers of the 
last inter-colonial war as should make application for the 
same. These grants varied greatly in size, the majority 
being between two and three thousand acres. Some were 
much smaller, others much larger." Usually the grant was 
made out to a single individual, but in some instances two 
or more were named as joint owners of the tract granted. 
In general, they provided that a certain number of fami- 
lies* should be settled upon the land within a specified 
year, and that after a certain time one shilling should be 
paid as a quit-rent for every 100 acres. All pine trees were 
reserved, and, in most of the charters granted by John 
Wentworth, it was also stipulated that a road should be 

^ New Hampshire State Papers, vo\. xxiv,p. 575; vol. xxv, pp. 598,627. 

"■Ibid., vol. xxiv, pp. 518, 677; vol. xxv, pp. 193, 283, 292, 320, 372, 
409, 547, 603. 

^/did.,vo\. xxiv, pp. 431, 475; vol. xxv, p. 533. E.o;., one to Robert 
Furniss contained 580 acres, one to John Winslow 5060 acres and one 
to Geo. Meserve 5000 acres. 

* Usually less than 10. 



296 ^ElV HAMPSHIRE AS A ROYAL PROVINCE [478 

built through the tract by a certain date. Later, these tracts 
were annexed to the adjacent towns, or combined either 
with several similar grants or with parts of the adjoining 
townships to form new towns. 

The system of granting townships tO' a large number of 
grantees, the method of dividing and allotting the lands 
within the same, and the form of government which pre- 
vailed in each were borrowed largely from Massachusetts. 

The grantees of the numerous townships were generally 
known as proprietors, or in a collective sense as the pro- 
prietary. In each case they became a land company, and 
as they exercised some of the powers of corporations, they 
were in each instance a quasi-corporation. Usually they 
chose a moderator and a clerk and maintained such an 
organization as was necessary to accomplish the end they 
had in view. Meetings were held from time to time, at 
which resolutions were passed and regulations made re- 
specting the division and allotment of the lands among 
themselves. Sums of money were also voted to facilitate 
the work of the settlement. The township was surveyed 
and divided up into large or farm lots and small or home 
lots, while some land was reserved for mill privileges and 
certain public uses. Generally, the lots were drawn for 
by lot. As a rule, the home lots were as near the center 
of the grant as the nature of the country would permit, 
but sometimes the advantages which a waterfall, a river, a 
natural meadow or a plain offered induced the grantees to 
have them laid out near such a fall, river, meadow or plain. 
As the people built their houses upon the home lots, a village 
sprang intO' being. Here were located the training field, 
the meeting-house, the school and the cemetery. The vil- 
lage became the place for the transaction of business and 
for social intercourse. Provision was made by the propri- 
etors for such main roads through the grant and for such 



479] ^^^ LAND SYSTEM 297 

cross roads as were thought necessary. Although some, in 
becoming grantees, were actuated by a spirit of enterprise, 
and others by a desire to obtain land either for themselves 
or for the younger members of the family, a considerable 
number were influenced solely by the spirit of speculation 
and never had any intention of taking any part in the settle- 
ment of the township. Often they sold their shares or parts 
of them, but when they did not, they proved a great draw- 
back to the town and made the work of settlement all the 
more burdensome for the rest, for they neither lived upon 
the land nor did anything to improve it. The lands within 
a township frequently changed hands, being- bought and 
sold just as any other land might be. When all the lands 
of the town were divided and allotted among the grantees, 
the proprietary ceased to^ exist, as the object for which the 
organization had been created was effected and there was 
no other business for it to transact in a corporate capacity. 
As far as the crown lands were concerned, the towns were 
the agencies through which the territorial affairs of the 
province were, to a large extent, transacted. 

Not infrequently most, or all, of the grantees of a town- 
ship came from a particular town or locality. As the new 
towns were more or less isolated from one another, it often 
happened that the settlers preserved to a high degree the 
habits, manners and customs which prevailed in their old 
homes. Hence, each settlement was apt to have its own 
individuality. Although the grantees sometimes expressed 
a desire to have the township given a certain name, it re- 
mained for the governor to determine what the name of 
the place should be. Sometimes he acceded tO' their wishes, 
but at other times he named them after places in the Old 
World or after some of his friends. Quite a number of 
the new towns, therefore, bore the names of noblemen and 
gentlemen of distinction in England, while some were called 



298 NEW HAMPSHIRE AS A ROYAL PROVINCE [480 

after persons of some prominence in the province. Others 
were named after towns in other parts of New England; 
several after the principal grantee, and a few retained the 
local Indian names. As a rule, the settlers were either 
young people or persons in the prime of life who^ were in- 
ured to hard work and well able to endure the many hard- 
ships which were encountered in the wilderness. Often, 
when the township was far from the centers of trade, the 
settlers, during the first few years, worked hard in clearing 
and improving the land during the spring, summer and 
early fall, when they returned home tO' spend the winter, 
which was generally long and cold. They lived very sim- 
ply, and were, on the whole, thrifty and frugal in their 
habits, and kind, energetic and industrious. Their houses 
were at first small and very plain, generally made out of 
logs or coarse boards, while the furniture was usually 
home-made and the household utensils were of the simplest 
kind. Away from the thickly settled parts of the province 
traveling was exceedingly bad, particularly so in rainy 
weather and when the frost was coming out of the ground. 
The roads were very rough and uneven and usually very 
narrow, being hardly wide enough for the passage of the 
heavy wagons that were then used. On account both of the 
rough character of the work wliich had to be done and of 
the cost of maintaining horses in the sparsely settled dis- 
tricts, oxen were generally used instead of horses. 

At the town meetings, the qualified inhabitants met and 
chose constables, selectmen and such other officers as the 
laws of the province provided for. At such meetings, too, 
they deliberated and acted upon a variety of matters of 
more or less importance and interest. As the towns were 
empov.^ered to preserve peace and good order within their 
borders, regulate matters of purely local concern, and in 
general manage all the prudential affairs of the place in a 



48i] THE LAND SYSTEM 299 

manner not repugnant tO' the laws of the province, various 
regulations had to be made and by-laws and orders passed 
from time to- time concerning them. 

As roads and bridges had to be constructed and kept in 
repair, a meeting-house and a school maintained, and other 
internal improvements made, the inhabitants voted to raise 
such sums as were necessary for these purposes. The prov- 
ince tax was alsO' raised by the town officers, the proportion 
which each had to pay being determined by the legislature. 
As the towns, too-, were church-supporting establishments, 
all the inhabitants were obliged tO' contribute towards the 
support of the minister and towards the maintenance of the 
meeting-house. In some cases ministers w^ere maintained 
without the aid of the town. For the violation of its orders 
and by-laws the town could impose any penalty not exceed- 
ing twenty shillings. The towns were all subject to the 
legislature and to- the laws of the province, and, as far as 
their acts and orders affected the private rights of the in- 
dividual, they were subject to review by the courts. From 
time tO' time additional powers and duties were conferred 
upon the towns. All towns w-ere required to keep a com- 
mon school, and, when they contained a certain number of 
families, they were obliged to maintain also a grammar 
school. In time of war the legislature often ordered the 
towns to provide provisions, ammunition, arms and snow- 
shoes for the soldiers, keep scouts on duty, maintain garri- 
son houses, and put the place in a posture of defence. As 
far as the internal affairs of the place were concerned, each 
town was practically a little republic. It was accustomed 
to self-government and quite capable of managing its own 
affairs w'ithout outside aid. Hence, it happened that when 
the provincial government was overthrown each was able to 
enforce and maintain order within its borders. Not onlv 
was anarchy thereby prevented, but the people were in a 



300 ^V£fF HAMPSHIRE AS A ROYAL PROVINCE [482 

position to form a new government in a more systematic 
and orderly way than could have been done had the pro- 
vincial government been a highly centralized one. 

While the appeals from the decision which the boundary- 
line commissioners rendered in 1737 were pending in Eng- 
land, some gentlemen in Massachusetts, realizing that the 
line north of the Merrimac, when finally established, would 
transfer to New Hampshire considerable land which was 
then embraced within the limits of the various towns situ- 
ated on the lower half of the river, conceived the idea of 
having Mason's heir quit-claim the same to Massachusetts. 

Now, at the time that John and Robert Mason sold their 
title to Samuel Allen in 1691, the validity of the transaction 
appears to have been unquestioned. As required under the 
law of the realm in such cases, the entail had been docked 
some time before the sale was made. It will be remembered 
that the proceedings which were taken to dock the entail 
were carried on in England in the court of King's Bench, 
the lands in question being considered by a fiction of law as 
lying within the English parish of Greenwich. Many years 
later some doubt arose as to the legality of these proceed- 
ings. It was contended that the fine and recovery sued out 
in the county of Kent in England could not bar the en- 
tail of lands in America, because there were at that very 
time courts of justice within the province where the lands 
lay before which such proceedings, being local in character, 
could and should have been brought. Furthermore, it was 
claimed that it was impossible for the sheriff of an English 
county to put the party recovering into possession of the 
premises as required under the law, for the reason that the 
lands were outside of his bailiwick. If such was the case, 
it followed that Allen's interest in the lands of the province 
was only a life interest, ceasing as soon as the Masons 
died, when it reverted to the latter's heirs. Of the two 



483] THE LAND SYSTEM 301 

Masons, from whom Allen purchased his title, John died 
without issue, while Robert had a son, who, in 1696, be- 
came sole heir to the property/ In 1718 the latter died, 
leaving three sons, the eldest of whom was named John. 
This was the man with whom Massachusetts treated in 

In June of that year he presented a memorial to the Gen- 
eral Court, stating- that, since it was his desire to be present 
at the determination of the boundary controversy between 
the two provinces in order to prevent his property from 
being affected thereby, he thought it proper to acquaint 
them of his intention so that, "if anything just and equi- 
table may be thought of proper to be done by and between 
the province and your memorialist, it may be brought 
about." ^ As the court was of the opinion that his pres- 
ence in London might prove serviceable to the province, 
orders were given to pay his expenses as long as his ser- 
vices there were required.* On the ist of July, Mason, in 
consideration of the sum of £500, quit-claimed to the in- 
habitants of the river towns of Salisbury, Amesbury, Hav- 
erhill, Methuen and Dracut all the lands within those towns 
which were more than three miles north of the Merrimac.'^ 
This quit-claim covered 23,675 acres and appears to have 
been made for the purpose of having the boundary line 
run along the northern limits of those towns. 

Soon after Mason's arrival in England the agents of the 
province mentioned the scheme to the king's solicitor, but 
the latter advised them not to press it, lest the Lords of 

^Robert died in 1696. 

^Prince Society Publications, vol. xii, p. 42; Netv Hampshire State 
Papers, vol. xxix, p. 173. 

^Ibid., vol. xxix, p. 177. ''Ibid., vol. xxix, pp. 192, 193, 197."" 

'^ Ibid., vol. xxix, pp. 189. ^91. 



302 NEW HAMPSHIRE AS A ROYAL PROVINCE [484 

Trade "should think it an artifice intended tO' perplex the 
main cause." ^ Thereupon Mason was dismissed from any 
further attendance. Although the affair had been carried 
on with as much secrecy as the nature of the thing per- 
mitted, Thomlinson, the New Hampshire agent, heard of 
it, and finding that Massachusetts had no further use for 
Mason, persuaded the latter to enter into an agreement to 
release his interest in the province in consideration of the 
payment of £1,000 New England currency within twelve 
months after New Hampshire was made a distinct and 
separate province, and upon condition also that he should 
receive in all future grants a lot or share equal in propor- 
tion to that of any party or parties to whom such grants 
were made." 

For several years nothing further was heard of the mat- 
ter. Although Benning VVentworth took the oath of office 
as the first separate governor of New Hampshire in De- 
cember, 1 741, the legislature was not officially notified of 
the agreement until 1744. when the governor laid the docu- 
ment before the house of representatives for their perusal 
and consideration.^ y\s the members were not inclined to 
take any action upon it, the governor found it necessary 
from time to time to press them to come to some determin- 
atioii respecting it. The council, too, recommended that 
the agreement be approved and accepted, while Mason him- 
self on several occasions urged them to give him a decisive 

' Belknap, History of New Hampshire, vol. ii, p. 161. 

-New Hampshire State Papers, vol. xxix, p. 193. This w^as called 
the tripartite agreement. Mason was the party of the first part; John 
Rindge, Theodore Atkinson, Andrew Wiggin, George Jefifreys and 
Benning Wentworth, all of New Hampshire, were of the second part, 
and John Thomlinson, the agent for New Hampshire, was the party of 
third part. The deed was dated April 6, 1739. 

'^ Ibid., vol. xxix, p. 197. 



485] THE LAND SYSTEM 303 

answer, at last intimating that, if the agreement was not 
approved, he would sell his claim to others/ Finally, on 
the 29th of July, 1746, the house resolved that the right 
which Mason claimed should be purchased for the benefit 
of the people, that the inhabitants should be quieted in their 
settlements agreeably to the grants of the government, and 
that the waste lands should be granted out by the general 
assembly to such inhabitants as they might think proper.' 
Accordingly, the following day they voted that a joint com- 
mittee of the two houses should be appointed to treat with 
Mason and draw up the necessary instruments of convey- 
ance. The council, however, entered an objection against 
the general assembly granting away the waste lands, claim- 
ing that, as the governor and council alone had the power 
to dispose of any lands, it would be inconsistent with the 
constitution and contrary to the royal commissions and in- 
structions to lodge that power anywhere else. Neverthe- 
less, if it was the intention of the house to- purchase Mason's 
right and then address the king for leave to dispose of the 
lands to the people in the manner suggested, it would ac- 
quiesce therein. Althougli the councillors expressed them- 
selves as willing to join in appointing a committee tO' treat 
with Mason, they apprehended that the resolve of the house 
was not consonant to the agreement, particularly that part 
of it referring to the disposal of the waste.^ 

In order that he might be in a position tO' sell the lands 
he claimed within the province, Mason sued out a common 
recovery in the New Hampshire courts for the purpose of 
breaking the entail. Having accomplished this, he sold his 
interest in the lands of the province to twelve persons for 

^ Nezu Hampshire State Papers, vol. xxix, pp. 197-199. 

'^ Ibid., vol. xxix, p. 212; Provincial Papers, vol. v, p. 445. 

^ New Hampshire State Papers, vol. xxix, p. 218. 



304 ^^'E^^' HAMPSHIRE AS A ROYAL PROVINCE [486 

£1,500, £500 more than was designated in the tri-partite 
agreement.^ I'his happened on July the 30th, the day fol- 
lowing that upon which the house had resolved to pur- 
chase Mason's right. Although it appears that Mason felt 
slighted at the way the house treated him and had made 
up his mind to have nothing further to do with that body, 
still the reason tliat caused him to make the sale just at this 
juncture was that he was under orders tO' sail for Louis- 
burg within a few days and desired to have the matter 
settled before his departure." The day after the purchase 
the new proprietors quit-claimed to the inhabitants all the 
land contained v.'ithin the original towns, as well as that 
embraced within the limits of all the other towns, that had 
ever been granted by the government of New Hampshire, 
the towns of Gilmanton and Kingswood alone excepted. 
And the reason that thev were not included was that the 
proprietors did not believe any improvements had been 
made wMthin their limits." 

The following day. August tlie ist. a committee was ap- 
pointed by the tvv'O houses to consider what ought to be 
done in the matter. After a short consultation, the com- 
mittee reported that, for the quieting of the good people of 
the province and for the prevention of future difficulties 
and disputes over land titles, it would be best tO' purchase 
Mason's claim for the use and benefit of the inhabitants, 
provided the purchasers would sell it for the same sum that 
they paid for it, plus such charges as they had incurred.'' 
The report being accepted, the committee was commanded 
to treat with the claimers, and if the sale could be effected 

"^ Nerv Hampshire State Papers, vol. xxix, pp. 202, 205, 207, 213. 

"^ Ibid., vol. xxix, pp. 255, 258. 

^ Ibid., vol. xxix. p. 216. July 31st, p. 257. 

^ Ibid., vol. xxix, p. 219; Provincial Papers, vol. v. pp. 447, 448. 



^Sy-^ THE LAND SYSTEM 305 

on the terms mentioned, it was to conclude the bargain and 
have the necessary documents drawn up in time to have 
them laid before the assembly at its next meeting. After 
holding a conference on the subject with the purchasers, the 
committee reported that, when the question was put to the 
claimers whether they would sell upon the terms proposed 
by the assembly, "they did not all agree, but soon after 
broke up and left the committee." ^ 

When this became known the purchasers were severely 
blamed for taking a bargain out of the government's hands. 
In their defense they drew up a memorial," addressed to the 
committee, briefly setting forth the facts in the case and 
giving their reasons for purchasing the claim. They pre- 
faced their remarks by saying that, when the committee 
and they parted, they fully expected from what had been 
said that the committee would have pursued that part of 
their instructions which related to the drawing up of the 
necessary instrum.ents of conveyance. To disprove the 
charge that they took a bargain out of the government's 
hands, they called attention to the fact that the matter had 
been before the assembly since October, 1744. Moreover, 
they reminded them of what had been done since then to 
have the agreement ratified, and asserted that they had 
been unable to force the assembly to purchase it, although 
those of them that were of the assembly had always done 
everything in their power to forward it. Furthermore, they 
declared that they had finally purchased the claim after 
Mason had made up his mind not to sell it to the province, 
in order to prevent the mischief and confusion which would 
have arisen had the claim been purchased by others who 

^ New Hampshire State Papers, vol. xxix, p. 220. The conference 
was held August 4th and the report presented August 12th. 
"^ Ibid., vol. xxix, p. 221. September 4th. 



3o6 ^^^ HAMPSHIRE AS A ROYAL PROVINCE [488 

would have set up a title in opposition to that under which 
the inhabitants then held. And, tO' show that they had 
acted in the interest of the people, they referred to the quit- 
claim deed which had been executed in favor of those 
holding lands within the various townships. This deed, 
they said, they had executed "freely and without any con- 
sideration but to quiet the good people, for had our view 
been otherwise, we might have made great sums, even of 
private persons, to have confirmed their particular rights, 
in many of these new towns, whose possessions cannot as 
yet create them a right. This was one reason of our pur- 
chasing, and let any impartial person judge whether we 
have injured the inhabitants or befriended them." "We 
assure you," they continued, "that many of us would have 
given as much money for Mason's private quit-claim to 
our own rights in the new towns. Besides, everybody 
knows how Mason's right has always hung over us, and 
on every turn we are threatened with a proprietor. This 
has ever been the case since the government was settled, 
and very lately these threats have come nearer home, for 
within less than twelve months Mason's deed tO' a com- 
mittee of the Massachusetts in behalf of that government 
for a tract of land on the boundary line, whose purchase 
consideration was £500, has lately been entered on our 
province records and brought into- court, and, as we are 
informed, a title under it set up in opposition tO' the grants 
made here by the governor and council. Seeing these 
things, we wisely prevented the spreading evil by taking 
Mr. Mason up, who, when we agreed with him had better 
offers from another quarter. And now. gentlemen, we as- 
sure you that we are ready to execute a deed for our re- 
maining interest in the premises in the same manner as we 
received it and for the same sum, with our cost attending 
the same, provided this is done within a month and the 



489] ^^^ LAND SYSTEM 307 

deed is made to convey the land to the government to be 
granted out to such inhabitants as the governor and council 
shall grant charters to." 

After this memorial was received the house again voted 
to appoint a committee to purchase the claim, but a report 
that a French fleet was off the coast prevented any atten- 
tion being paid to any other business than that of prepar- 
ing for the defence of the province/ Although the vote 
was revived after the danger was past, and an effort was 
later made by the assembly to have the proprietors of the 
claim convey their rights to some feoffees in trust for the 
inhabitants, no agreement could be reached." The chief 
difficulty in the way of a settlement was over the question 
respecting the disposal of the lands. The proprietors, on 
the one hand, refused to release their interest unless the 
power to dispose of the lands was vested in the governor 
and council, while the house, on the other hand, deter- 
mined not to make the purchase unless that power was 
vested in the legislature. Each, in fact, feared that if it 
complied with the other's demand on this point the advan- 
tages which were expected would not be realized. The con- 
sequence was that the title remained in the hands of the 
proprietors. 

Soon after the latter began to make grants of land within 
the limits of their claim, the heirs of Allen warned the 
people not to accept such grants, as the proprietors' title to 
the property was invalid. They were willing, however, 
to compound their claim with the purchasers of Mason's 
title, and in fact made several offers to the latter with the 
view of having the question amicably settled.^ Their con- 

^ New Hampshire State Papers, vol. xxix, pp. 224, 260. 
'^ Ibid., vol. xxix, pp. 226, 227, 230. 
^Ibid., vol. xxix, p. 281. 



3o8 NEW HAMPSHIRE AS A ROYAL PROVINCE [490 

tention, of course, was that the docking of the entail in 
England was perfectly proper and legal, and, to show that 
Allen's purchase was regarded as valid, they cited the 
reservation in the Massachusetts charter concerning Allen's 
right, which reservation, they contended, would never have 
been introduced had not the crown lawyers, who were con- 
sulted when the instrument was drawn up, been convinced 
of the legality of the proceedings which had been taken in 
England to bar the entail. Quite a number regarded the 
Allen claim as valid, and in England this conviction was 
so strong that the latter's heirs were receiving offers for 
the purchase of their title. Governor Wentworth himself 
entertained some doubts as to the legality of Mason's title, 
and. from what he told tiie Board of Trade, it appears 
that, in pressing the matter before the assembly, he urged 
the latter to purchase both claims so that a perfect and un- 
disputed title to the lands of the province might be secured.^ 
Thomlinson, the able agent for the province in England, 
was of the same opinion, and strongly urged the purchase 
of all titles affecting the lands of the province. Although 
the proprietors of Mason's title declared that they had ob- 
tained possession of every inch of the property and had no 
doubt but that they could hold it against all claimers. 
Thomlinson bluntly told them tJiat all they had done or 
were about to do would avail them notliing unless they 
first established their just and legal rights to the property, 
which depended solely upon the question whether or not the 
fine and recovery sued out in Westminster Kail was legal 
or not. If it was legal, their claim, of course, was invalid. 
He also called attention to the fact that Allen's right had 
never been regularly impeached or called into question, but 
stood reserved not only in the ]\Iassachusetts charter but 

^ New Hampshire State Papers, vol. xviii, p. 396. 



^^ij THE LAND SYSTEM 309 

also in the proceedings on the settlement of the boundary 
and in all other proceedings/ If the recovery sued out in 
England did not bar the entail in New Hampshire, how did 
it happen, he asked, that Allen's, and not Mason's, right 
was mentioned in the Massachusetts charter, "for certainly 
the ablest lawyers in the kingdom were consulted and em- 
ployed in settling that charter, and undoubtedly Allen must 
have been called upon to make good and prove his right 
before such a reservation could be introduced." In order 
to avoid a long, troublesome and expensive litigation, he 
strongly advised them to- buy up also Hobby's right and 
give him directions to- purchase Allen's right, too, even 
though it would cost £2,000 or more, for that, he assured 
them, was the only way a perfect title could be obtained, 
and in the long run it would also be the cheapest and safest 
method, because, if there Vk'as ever any litigation over the 
present title, it might cost each party at least that sum to 
properly defend it, and then no one would be able to tell 
in advance which party would ultimately win. The pro- 
prietors in New Hampshire, however, convinced that their 
title could not be successfully assailed in court, and fearing 
no serious disturbance from those claiming under any other, 
discarded the agent's advice and went on with the work of 
granting out the lands within their claim. 

With the view of securing and improving their interest 
in the waste lands within the limits of their grant, the 
Masonian proprietors, on May 12th. 1748, affixed their sig- 
natures to a notification stating that a meeting of the pro- 
prietors would be held on the 14th inst. to choose a clerk, 
select such committees as might be deemed necessary, and 
transact such other business as might be thought proper.^ 

'^ Nezv Hampshire State Papers, vol. xxix, pp. 281-288. 
* Ibid., vol. xxix, p. 403. 



3IO ^E^ HAMPSHIRE AS A ROYAL PROVINCE [492 

Upon the appointed day they met, and, after choosing a 
moderator and a clerk, voted that any eight of them should 
have power to call a meeting at any time except when one 
was under adjournment.^ Four days later a committee was 
appointed to get such papers and records as might be 
judged necessary to support and maintain their title, and 
agents were, at the same time, selected to prosecute any 
who trespassed upon their lands.' In the fall the question 
of granting out the lands of the proprietary was taken 
under consideration. Those desiring grants were heard and 
proposals were made respecting the terms upon which the 
lands should be granted and the method which ought to 
be pursued in making the grants.^ 

On account of the opposition of the legislature and the 
clamor of the people, tlie proprietors encouraged applica- 
tions for lands and engaged tO' make grants upon easier 
terms than the governor, restrained as he was by the royal 
instructions, could possibly make them."* By December no 
less than thirty-one petitions had been preferred praying 
for township grants, while several applications had been 
also received for grants of smaller tracts.^ On the 9th of 
November the proprietors began to dispose of their land. 
On that day they confirmed to the original proprietors of 
Souhegan East, otherwise known as Narragansett No. 5, 
the rights which the latter had received under the grant 
from Massachusetts, excepting and reserving for them- 
selves only seventeen shares,'' and on December 3d they 

^ New Hampshire State Papers, vol. xxix, p. 404. 
"^ Ibid., vol. xxix, p. 404. May i8th. 
■''Ibid., vol. xxix, pp. 407, 408, 409. 

^ Ibid., vol. xxix, p. 244. The instructions specified the terms upon 
which grants could be made by the governor, see vol. xviii, p. 376,538. 
^ Ibid., vol. xxix, pp. 234, 412. 
^ Ibid., vol. xxix, p. 409. It is now Bedford. 



493] THE LAND SYSTEM 31I 

passed their first grant of a new township, namely, Goffs- 
town/ 

When Mason's title was bought, in 1746, twelve persons 
had an interest in the purchase, which was divided into fif- 
teen equal shares. Of these shares Theodore Atkinson had 
three, Mark Flunking Wentworth two and the others one 
each. As the shares could be sold or otherwise disposed 
of, they sometimes changed hands, and four of them were 
even subdivided. Soon Atkinson and Wentworth disposed 
of their extra shares, after which nO' person owned more 
than one each." Whenever it was necessary to raise money 
for any purpose an assessment was levied on the several 
shares. 

In administering their affairs the proprietors generally 
worked along the lines of least resistance and adopted a 
policy which was botli judicious and conciliatory. They 
were men of character and of wealth, with strong social and 
political connections. Most of them were connected by 
blood or marriage to each other or to the other proprietors. 
They were, in general, persons of considerable influence and 
ability, successful in business, conservative in temperament, 
and considerate in their dealings with the people. Many 
of them took a prominent part in the affairs of the province. 
Some of them, too, belonged to the council at the time of 
the purchase, and within a few years the number of pro- 
prietors in the council increased to seven, two of them 
being brothers of the governor.^ They were, therefore, in 
a position to make their influence felt in many ways and 
directions. When all these things are weighed and con- 

^ New Hampshire State Papers, vol. xxix, p. 413. 

^ Ibid., vol. xxix; for a list of the owners of the various shares and 
the parts each possessed, see pages 213, 275, 276, 317, 345; also the in- 
troduction to vol. xxviii. 

^ Ibid., vol. xxviii, introduction. 



312 NEW HAMPSHIRE AS A ROYAL PROVINCE [494 

sidered, it is not surprising to find that they succeeded in 
successfully maintaining their title against all comers with- 
out any very serious disturbances for some forty years, dur- 
ing which period they disposed of most of their holdings. 

Although some of the settlers, who had been engaged in 
improving the lands which they had received under the 
grants from Massachusetts, abandoned their claims and left 
the province when they realized that the titles derived from 
that colony were invalid, a great number remained. Many 
of those whose lands were situated within the limits of 
Mason's grant eventually came to terms with the Masonian 
proprietors. As a rule, the latter were inclined to be lenient 
with those who were actually settled upon the land. A few 
of the settlers, however, resisted all overtures, so that it 
was necessary tO' bring suit against them. Upon the trial 
of such cases the Masonian proprietors were always the 
victors. Consequently some people suffered serious losses. 
In many cases the proprietors quit-claimed to the Massa- 
chusetts grantees all their claims within the townships 
granted by that government upon exceptionally reasonable 
terms. Generally they reserved to themselves only a cer- 
tain number of shares or a designated amount of land. In 
some instances, certain conditions of settlement had also to 
be fulfilled. The proprietors of the town of Gilmanton, 
which was one of the two towns that had been excepted 
from the general quit-claim of the Masonian proprietors in 
1746, now received a quit-claim from the latter of all their 
lands upon two conditions, namely, that eighteen shares (to 
be laid out in one tract in the northerly part of the town- 
ship) should be reserved to the Masonian proprietors and 
that the settlement of the town should be made in three 
3^ears according to the terms of the royal charter.^ As a 

' This town had been granted bj^ Lieutenant-Governor Wentworth in 
1727. 



495] THE LAND SYSTEM 313 

rule, the Masonian proprietors granted out their land in the 
form of townships to a number of grantees, reserving to 
themselves only a certain number of shares therein. A few- 
tracts, however, were not granted in this way but were re- 
served for the proprietors and divided among them into 
fifteen equal parts. As the individual proprietors sold or 
improved the lands falling to them, settlements within such 
tracts were started. The towns of Alton and Allenstown, 
the large tract long known as Society Land, several small 
gores, and the islands in Lake Winnepesaukee were all dis- 
posed of in this way.' In disposing, too, of small gores 
between townships, which could not be conveniently divided 
into the requisite number of shares, it was customary to sell 
the tract direct and then distribute among the proprietors 
the money that was received from such sales. 

In 1751 the proprietors had part of their western boun- 
dary line officially marked out by a surveyor named Blanch- 
ard. This was done, it was said, with the consent of the 
government of New Hampshire. Beginning at a point on 
the southern boundary of the province, at the southwest 
corner of Monadnock No. 4 (now FitzWilliam), it ran 
north along the western boundary of that town and four 
others that had been previously laid out by the proprietary, 
then cut through Lake Sunapee and was continued until 
Baker's Pond (now Newfound Lake) was reached. This 
was a curved line, as the proprietors contended that 
no other line could be drawn which would preserve a uni- 
form distance of sixty miles from the sea as described in 
the grant to Mason. ^ Mason's patent described a distance 
of sixty miles up into the country from the sea on the north 
and south sides of New Hampshire and a line to cross over 

^ New Hampshire State Papers, vol. xxviii, preface, p. 6. 
^Ibid., vol. xxix, pp. 30, 65, 307, 381, 438, 444- 



314 NEW HAMPSHIRE AS A ROYAL PROVINCE [495 

from the end of one line of sixty miles to the end of the 
other line of sixty miles. In 1768 the line was run from 
the northeasterly boundary of the province tO' the Pemigi- 
wasset river in the town of Campton, and in 1769 the pro- 
prietors ordered it continued from that point to the south- 
western boundary of their grant, bordering on Massachu- 
setts, directions being given to make such marks and erect 
such monuments on the line as would make it known.^ On 
both of the plans returned by the surveyor it is stated that 
the work was done "at the request of the Masonian pro- 
prietors in pursuance of the verbal agreement of the sur- 
veyor-general of the province.'' 

Although tlie terms and conditions mentioned in the dif- 
ferent town grants ^'aried. it may be said in general that 
each town consisted of a tract of land usually equivalent in 
area to six miles square. This was divided up into a cer- 
tain number of equal shares or rights, some of which were 
specially reserved for the Masonian proprietors and for cer- 
tain public uses. The proprietors' shares were exempted 
from all charges and assessments until improved by their 
owners or disposed of to others. One share or right was 
reserved for the encouragement of the first minister who 
settled in the town, another for the support of the ministry, 
and one for the support of a school. As these three shares 
v/ere for the common benefit of the inhabitants, they were 
not, as a rule, drawn for, but located where the grantees 
concluderl they would best answer the purposes for which 
they were granted. All the other shares were always drawn 
for by lot. In every grant provision was made for the 
gradual settlement of the township within a specified time, 
a longer or shorter time for compliance being designated 

^ New Hatnpshire State Papers, vol. xxix, p. 308; see map, p. 306. 



497] '^HE LAND SYSTEM 315 

according as the land was near to or remote from the settled 
portions of the province or was by nature of such a char- 
acter as to prevent a speedy settlement/ All white pines 
fit for the royal navy were specially reserved to the crown. 
No quit-rent was charged, nor, in fact, any other rent, the 
only compensation which the grantors received being from 
the sale of the land which was specially reserved for them 
in each township. The more, therefore, they encouraged 
the settlements and the larger and faster they grew, the 
greater was apt to be the return, because of the increased 
value of the reserved lots. In case any lawsuit arose over 
the title to the land, the grantors guaranteed tO' defend it 
at their own expense, and carry the matter through to a 
final issue, but in case the suit was finally decided against 
them, it was stipulated that the grantees should recover no 
damages. It was generally provided, too, that if an Indian 
war broke out the grantees should have additional time to 
fulfil the conditions of settlement. The land which each 
grantor and grantee received as their respective shares of 
the grant did not lie all in one tract, but was situated in 
two or three different parts of the township, corresponding 
with the number of ranges into which the township was 
divided, each range being cut up into sections or lots which 
each grantor and grantee had tO' draw for. Sometimes two 
lots were also reserved for the lawyers w^ho were employed 
by the proprietors. This was to compensate them for their 
legal services. Occasionally lots were also set aside to com- 
])ensate various persons who had charges against the pro- 
prietors. Often a certain amount of land was reserved for 
the main roads, and between the lots of each range a smaller 
amount was left for cross roads. In other cases, however. 

^ New Hampshire State Papers, vol. xxix, pp. 245, 444. 



3i6 ^V£ff/ HAMPSHIRE AS A ROYAL PROVINCE [498 

it was simply stipulated that there should be as many roads 
as were deemed necessary, the charge for opening which 
was not to be assessed against the abutting property owners. 
It was generally provided that a plan of the lots should be 
made by the grantees and lodged with the grantors. More- 
over, each grantee was required to^ pay for forwarding the 
settlement all such sums as were ordered by a majority vote 
of their own number, and if any one refused tO' pay the sum 
assessed against him, so much of his land was to be sold 
as would be sufficient to meet the assessment. If any one 
failed to- fulfil the conditions of the grant, his share reverted 
in some cases to the grantors and in other cases to the other 
grantees, who were then obliged to have the land improved. 
If the terms of the grant were not complied with, the land 
reverted to the grantors, and could be re-granted. Often, 
upon petition of the grantees, additional time was given the 
latter to meet the conditions of settlement. Quite often the 
lands, after reverting to the grantors, were re-granted to 
others. Those, however, whO' had fulfilled the conditions 
of settlement were generall}^ included among the new gran- 
tees or else their lands were specially reserved for them. 
The various grants also provided that a meeting-house 
should be built and a regular minister maintained by the 
town within a specified number of years, and a certain num- 
ber of acres of land ^ was set aside for a meeting-house 
and a school, for a training field, burying ground and for 
other public uses.^ In some of the grants a number of acres 
v/as specially reserved for the person wdiO' would undertake 
to build a mill and saw the logs of the settlers to the halves 
for a designated number of )^ears, but if nO' one offered to 
build the mill, it was stipulated that the grantees should do 
it at the common charge. In a fevv' cases it was provided 

' Generally from 6 to 10 acres. 



499] THE LAND SYSTEM 317 

that no obstructions should be built in the rivers to prevent 
or hinder the passage of fish. None of the grants conferred 
either political or municipal privileges upon the grantees, 
for the Masonian proprietors had no power to bestow gov- 
ernmental powers. Such powers were obtained from the 
legislature or the governor, generally upon petition of the 
inhabitants. 

When, toward the close of the seventh decade of the 
century, the proprietors marked out the northern boundary 
of their grant, from a point sixty miles from the mouth of 
the Piscataqua, it was found that it ran through several 
townships which had been previously granted by the gov- 
ernor and council. The result was that controversies arose 
which continued for many years. Sometimes a compromise 
was effected, but in other cases the disputes were still un- 
settled when the Revolution broke out. After the close of 
the war with England, some of those who held under 
grants from the crown petitioned the legislature to have the 
limits of the Masonian grant officially determined.^ About 
the same time the heirs of Allen revived their claim and 
began to push it with considerable vigor. They, too, peti- 
tioned to have the head line of their patent established.^ At 
length the legislature appointed a committee to ascertain 
what waste or unimproved lands belonged to the state. In 
accordance with the recommendations of this committee, an 
act was passed in 1787 empowering a committee to deter- 
mine and mark out the western line of the Masonian patent.' 
To effect this object the committee was authorized to confer 
with the Masonian proprietors and run the line in accord- 
ance with the terms of such an agreement as both might 

^ New Hampshire State Papers, vol. xviii, pp. 767, 768. 

"* Ibid., vol. xviii, p. 769. 

^ Ibid., vol. xviii, p. 7S5; vol. xxix, p. 335. 



3i8 NEW HAMPSHIRE AS A ROYAL PROVINCE [500 

consent to, but if no agreement could be reached, the com- 
mittee was to proceed alone with the work " agreeably to 
the tenor and construction of the original grant." 

Although both agreed that the terminal points of the 
western bounds of the patent should be sixty miles from 
the sea, there was a difference of opinion as to whether it 
should be a straight or a curved line. The state, on the 
one hand, contended that the line joining the terminal points 
should be straight, because there was nothing in the grant 
to Mason to warrant the assumption that it should be a 
curved line. The Masonian proprietors, on the other hand, 
claimed it should be a curved line, inasmuch as it was im- 
possible to describe any other line which would make the 
western limits of the grant at each and every point sixty 
miles from the sea. As no agreement could be reached on 
this point, it was decided that surveyors should find out 
where on the northeasterly and on the southern boundaries 
of the state the terminal points would fall, and then run 
and mark out the straight line between them which would 
form the western boundary of the grant. Accordingly sur- 
veyors were appointed who finished the work in June.^ 
This was followed by the passage of an act, on the 28th of 
the month, confirming to bona fide purchasers all the lands 
which they possessed between the straight and the curved 
lines irrespective of the party from whom they had ob- 
tained their titles.^ 

^ Nerv Hampshire Siaie Papers, vol. xxix, pp. 338, 438. According 
to the plan submitted by the state's surveyors, the terminal points which 
they designated as 60 miles distant from the sea did not coincide with 
those which the Masonian proprietors used in describing their western 
boundary line. There was a difference of about 10 miles in each case, 
the terminal points of the Masonian proprietors were, according to this 
plan, 70 miles from the sea. See map, p. 338. 

"^ Ibid., vol. xxix, p. t^t^i . 



^Oi] THE LAND SYSTEM 319 

Although the Masonian proprietors protested against any 
alteration being made in their western line, still they real- 
ized that the government was no longer in the hands of 
those who looked with favor upon their claim. They there- 
fore decided tO' compromise the matter rather than con- 
tinue the fight in the legislature and resort to tedious and 
expensive litigation/ Accordingly negotiations were com- 
menced with the government, which resulted in an agree- 
ment, in June, 1788, whereby the state released to the 
Masonian proprietors all its right and title to the lands be- 
tween the straight and curved lines which the proprietors 
still claimed, in consideration of the payment, with interest, 
of $800 in specie within a year and $40,000 in state notes 
within four years.^ 

Notwithstanding the fact that the Masonian proprietors 
repeatedly warned the inhabitants not to purchase any lands 
from the heirs of Allen, the latter continued to find pur- 
chasers for some of the tracts which they offered for sale. 
As a result, considerable confusion and uneasiness was 
caused and man}?- disputes and lawsuits were threatened. 
To avoid further litigation, and at the same time render 
their title tO' the lands the more secure, the representatives 
of eleven of the fifteen shares intO' which the Masonian pro- 
prietary was divided deemed it best to come to a settlement 
with Allen's heirs, who had attached to their interest sev- 
eral gentlemen of influence and property in New Hamp- 
shire. Accordingly, by virtue of a deed, dated the 28th of 
January, 1790, the latter relinquished all their interest in 
and title tO' the lands east of the straight line which be- 
longed to the eleven shares, upon condition that such tracts 

^ New Hampshire State Papers, vol. xxix, pp. 338, 598, 599. 
^Ibid., vol. xxix, pp. 340, 342, 601, 606, 654. Deed dated June 
i8th. 



320 -^EW HAMPSHIRE AS A ROYAL PROVINCE [502 

as were specially mentioned and reserved in the deed, 
amounting in all to some 8,500 acres,^ were given to them. 
From this time on the course of affairs as far as the Ma- 
sonian proprietors were concerned w-as uneventful. They 
gradually granted to others, or divided among themselves, 
the lands which still remained in their possession, and at 
last their meetings ceased because there was no further cor- 
porate business to transact. 

^ New Hampshire State Papers, vol. xxix, p. 345 . 



CHAPTER V 



FINANCE 



Although the early settlers brought some money with 
them from England, it was by no means sufficient to an- 
swer the ordinary purposes of trade. The result was that 
they were compelled to resort to a system of barter. On 
account of the scarcity of money, taxes, during the seven- 
teenth and part of the eighteenth century, were regularly 
payable in such country produce and such staple commod- 
ities as were designated by law, the prices at which they 
were receivable at the treasury being regulated generally 
from year to year. Usually a liberal discount was allowed 
to those who paid their rates in money. As commerce in- 
creased and more and more ships engaged in voyages to 
Portugal and Spain and to the latter's possessions in the 
West Indies, considerable sums in Spanish and Portuguese 
coins found their way into the country, but, inasmuch as 
the balance of trade with Great Britain was heavily against 
the colonies, the money soon flowed away through that 
channel in obedience tO' the natural laws of trade, notwith- 
standing the fact that acts were framed for the express 
purpose of keeping such coins in the country. It was with 
the view of relieving the long-felt want for more money to 
meet the growing requirements of trade and business that 
Massachusetts was induced, about the middle of the seven- 
teenth century, to establish a mint, and it was with the 
hope of bringing plenty of money into the country that the 
legislatures of the different colonies enacted laws placing 
503] 321 



322 NEW HAMPSHIRE AS A ROYAL PROVINCE [504 

upon foreign coins a higher value than that which they 
would bring at the current rates of exchange in the open 
market. As the rates designated in the different acts, how- 
ever, varied considerably, great confusion and inconvenience 
naturally arose. Finally, it became necessary to put a stop 
to the practice. Accordingly, in 1704, the queen issued a 
proclamation fixing the rates at which the various coins 
should pass in the North American colonies, and in 1709 
Parliament passed an act to the same effect. This, how- 
ever, did not prove effective. 

About the same time, partly on account of the growing 
difficulties experienced in collecting the heavy taxes neces- 
sitated by the war and partly in consequence of the inability 
of the inhabitants to raise such sums as were needed for its 
more vigorous prosecution, the province began toi issue 
paper bills upon the credit of the government. These rap- 
idly obtained a very general currency. In fact, from this 
time on until the close of the last war with France they 
constituted the regular medium of exchange, and for a good 
part of the period taxes were regularly paid in them in- 
stead of in the produce and commodities of the province. 
During the third decade of the century the Crown, in 
order to prevent the many inconveniences which arose in 
consequence of the falling credit of the paper bills, issued 
instructions forbidding governors to- approve any further 
emissions except for the actual support of the government. 
The demand for more money, however, became so great 
that when governors did not yield to the pressure that was 
brought to bear upon them both by the assembly and by 
the inhabitants, private companies sometimes attempted to 
furnish the required medium. As it became more and 
more difficult to convert produce or property into bills for 
the payment of taxes, the assembly was practically forced 
at last to allow the latter to be paid in such produce and 



C05] FINANCE 223 

commodities as it designated, and this continued to be the 
course pursued until the close of Benning Wentworth's ad- 
ministration. 

As it was found impossible to devise measures that 
would stop the depreciation of the bills and restore their 
credit, bills of a new form and tenor were issued in 1742. 
To differentiate them from those previously issued they 
were called "new tenor bills," and in value they were made 
equal to a specified amount of coined silver of sterling alloy. 
At first they were worth as much as the same amount of 
proclamation money, but over-issues soon caused their credit 
to fall, and when Massachusetts redeemed her paper money 
after the close of the third inter-colonial war and put the 
currency of that colony upon a gold and silver basis, the 
depreciation was more rapid than ever. At last the bills 
would no longer answer the purposes of money. In order, 
therefore, to defray the heavy expenses incurred during the 
last war with France, the province was compelled to adopt 
a new form of bill. This not only expressed on its face 
its value in sterling, but it bore interest and was redeemable 
in silver or gold or in bills of exchange within a definite 
period. These bills were generally known as " sterling 
bills." After the conclusion of peace no^ more bills were 
issued, and all those that were in circulation were redeemed 
as rapidly as circumstances would allow. At the same time, 
steps were taken to restore specie payments and make silver 
and gold a legal tender in all payments and business trans- 
actions. 

In all but two of the commissions that were issued for 
the government of New Hampshire the right of the gen- 
eral assembly to provide for the proper support and main- 
tenance of the government was conceded. The commis- 
sions that President Dudley and Governor Andros received 
were the only exceptions, and in neither of these was there 



324 ^^^^ HAMPSHIRE AS A ROYAL PROVINCE [506 

any prOAasion for an assembly. The provision relating to 
the subject in the first royal commission ^ was to the effect 
that the president and council should continue such taxes 
and impositions as had been, or were then, laid upon the 
inhabitants until the general assembly, which was to be 
summoned within three months after the inauguration of 
the new government, should convene and agree upon other 
methods of raising a revenue. Accordingly, when the first 
assembly met in March, 1680, the question of defraying the 
expenses of the government was at once taken under con- 
sideration. At length a law was passed providing that 
they should be met for the time being by a tax on the polls 
and estates of one and a half pence in the pound. ^ Agree- 
able to the practice pursued in Massachusetts, the law ap- 
plied only to the collection of the one rate named in it and 
had its full effect as soon as that was gathered. As suc- 
ceeding assemblies pursued the same policy, similar meas- 
ures were from time to time enacted, the rate, as a rule, 
being so fixed that only the immediate demands of the mo- 
ment could be met. The result was that there was hardly 
ever a surplus in the treasury, while quite often it happened 
that there was a considerable deficit. In consequence, also, 
of the temporary nature of the grants, frequent sessions of 
the assembly became necessary. Inasmuch as the demands 
made upon the government naturally varied, it follows that 
the rates also varied. Thus, in March, 1680, and again in 
March, 1681, the rate was fixed at one and a half pence in 
the pound, while but two months later a rate of two pence 
was ordered. The following March the rate was only one 
penny in the pound, while the first assembly that met under 
Cranfield prescribed a rate of four pence. ^ 

'^ New Hampshire Provincial Papers, vol. i, p. 379. 
'Laws of New Hampshire, vol. i, p. 28. 
^Ibid., vol. i, pp. 28, 39, 40, 47, 64. 



507] FINANCE 325 

In the latter's commission the provision relating to the 
support of the government was substantially the same as 
that contained in the previous commission/ It was also 
provided that all public moneys should be paid out of the 
treasury only upon a warrant issued by the executive, by 
and with the advice and consent of the council. According 
to the instructions, however, the governor was to permit 
the assembly to view and examine the accounts of any 
money disposed of by virtue of such laws as were passed 
by it." 

In January, 1683, Cranfield presented to the lower house 
for approval several laws which had already passed the 
council. In the form in Vi^hich they were presented the 
representatives refused to pass any of them, while some 
they rejected entirely.^ Among them was one for raising 
a revenue. As the governor could not prevail upon the 
lower house to approve the measure, and the relations be- 
tween the two became so strained that it was impossible to 
accomplish anything, the assembly was dissolved. A few 
days later ^ Cranfield, in a letter to the Board of Trade, de- 
clared his intention of raising a revenue without the assem- 
bly's assistance or cooperation, saying that as the latter had 
not done its duty to- the king in that matter, he, with the 
council's consent, would continue, ''as directed by his Maj- 
esty's commission," the impositions that had but recently 
been laid upon the inhabitants. But a year elapsed before 
the preliminary steps in that direction were taken. In the 
meantime he resorted to various devices to- obtain money, 
but these did not produce sufficient for the purposes he had 

^ Provincial Papers , vol. i, p. 440. ^ Ibid., vol. i, p. 443. 

^Ibid., vol. i, p. 493. 

*Ibid., vol. i, p. 526; Laws of New Hampshire, vol. i, p. 807. As- 
sembly dissolved Jan. 20th; letter dated, Jan. 23d. 



326 ^^^ HAMPSHIRE AS A ROYAL PROVINCE [508 

in view. 7\t last, in January, 1684, a committee of the 
council was aj)pointecl to find out what money had been 
formerly levied upon the people for the support of the gov- 
ernment.' After the conmnittee had presented its report 
and intelligence was received from Casco that the Indians 
were meditating a sudden attack upon the English in Maine, 
an order " was passed continuing the taxes and impositions 
formerly laid upon the inhabitants, in order that the neces- 
sary charges of the government might be defrayed and the 
province put in a state of defence. For a time, however, 
the publication of the order was suspended, as it was not 
deemed either expedient or safe to^ put it into execution. 
Moreover, some of the council had yet to be won over, sev- 
eral being of the opinion that the general assembly alone 
was authorized to rai.se money." Finally, in May the war- 
rants for the collection of the money were placed in the 
hanrls of the constables, but when the latter demanded, the 
rate, the people refused to pay on the ground that it had 
not been sanctioned by the assembly.^ Although greatly 
disappointed, the governor did not allow the matter to drop, 
for he believed that the constables had been in a combina- 
tion not to collect the money. Accordingly, some months 
later, the provost marshal, his own appointee and a person 
upon whom he could rely for the faithful performance of 
any duty entrusted to him, was ordered to make the collec- 
tion. Rut he met with as little success as the constables 
before him, and encountered such opposition and was threat- 
ened with such violence that he was forced to desist.'^ The 

^ Laws of Ne7v Hampshire, vol. i, p. 85: Pro7nnc.ial Papers, \o\. i. p. 

A7S. 

"" Ibid., vol. i, p. ;i88. Feb. 14, 1684. '^ Ibid., vol. i, p. 529. 

* Laws of New Hampshire, vol. i, p. 89; Provincial Papers, vol. r. 
pp. 490, 543, 544- 

•'Laws of New Hampshire, vol. i, p. 90; Provincial Papers, vol. i. 
Pl>- 543i SS^ , pC'Ssim. 



^09] FINANCE 227 

attempt, therefore, to raise money without the cooperation 
and approval of the assembly was a complete failure, so 
much so that no governor thereafter ever made any attempt 
to raise money in that way. 

During the administrations of President Dudley and Gov- 
ernor Andros the inhabitants had absolutely no voice in 
the matter of either raising money or disposing of it. A 
short time after the publication of his commission, Presi- 
dent Dudley, with the concurrence of the council, issued 
orders continuing, until the king's pleasure was known, 
several of the duties imposed under the laws of Massa- 
chusetts.^ 

Although the commission which Andros received granted 
him, with the advice and consent of the council, full power 
to impose and levy such rates and taxes as he should find 
necessary,^ still the instructions forbade him to avail him- 
self of this power until he had submitted to the king a full 
report on the question of the revenue and had received fur- 
ther instructions from his Majesty. In the report he was 
not only to describe the nature and quality of the various 
rates, taxes and impositions and the methods of collection, 
but he was to state also what additional taxes were neces- 
sary and what sum would be required to defray the annual 
charges of the government. In the meantime he was to 
continue such taxes and impositions as had been, or were 
then, laid upon the inhabitants.^ Accordingly-, in January, 
1687, less than a month after his accession to office, an 
order was published for the collection of a single country 
rate of one penny in the pound. In March * this was fol- 

'What these duties were, see Laws of New Hampshire, vol. i, jjp. 
109, no. June, 1686. 

"^Ibid., vol. i, p. 148; Provincial Papers, vol. ii, p. 4. 

^' Laws of New Llampshire, vol. i, pp. I59, 246. 

^Provincial Papers, vol. ii, p. 19; Laws of New Hampshire, vol. i, 
p. 185. 



328 NEW HAMPSHIRE AS A ROYAL PROVINCE [510 

lowed by the passage of an act continuing in force several 
duties and imposts as formerly levied, while a little later 
an order was promulgated continuing in force the tax on 
shipping. 

In due time Andros forwarded home his report on the 
revenue question. According to him the various taxes, ex- 
cise and impost duties, and country rates fell short of 
producing the necessary revenue required for the honorable 
support of the government by about £875.^ The governor, 
therefore, recommended, as " the easiest and best way to 
advance the revenue," that certain increases be made in the 
impost and excise duties, and suggested that, instead of 
levying- country rates, which, besides being unequal and 
different in various sections of the territory, occasioned 
great expense in collecting, such a lump sum should be ap- 
portioned annually among- the several counties and towns 
as would be necessary tO' meet any deficit that there might 
be in the revenue. 

In England the report was received with approval, and 
the recommendations concerning the increase in some of 
the duties were adopted. Accordingly, the governor was 
informed that the customs, excise and import duties, coun- 
try rates and all other duties already levied or proposed 
should be settled and collected for the maintenance of the 
government. Furthermore, in order that the crown might 
know that the revenue was properly applied, an account of 
it was ordered sent home every six months. As most of 
the duties and impositions had already been settled and con- 
tinued in force, it was only necessary, upon the receipt of 
the royal orders, to pass an act putting into effect the ad- 
ditional duties of import and excise as recommended by the 
governor and approved by the king.- 

"^ Laws of New Hampshh-e, vol. i, pp. 175, 177, 178. 
'''Ibid., vol. i, p. 215; Provincial Papers, vol. ii, p. 17. 



51 1 ] FINANCE 329 

Soon after the overthrow of the Andros government in 
the spring of 1689 affairs in New Hampshire became very 
unsettled. As the Indians began their ravages along the 
frontiers the need of some central authority was strongly 
felt, and this became more pressing and urgent the longer 
hostilities lasted. Finally steps were taken to establish a 
form of government for the province which would enable it 
to take some concerted action against the enemy and raise 
sufficient money to prosecute the war with vigor. Accord- 
ingly a scheme of representative government was devised, 
the officers of which were tO' be elected directly by the 
people, but on account of the hostility of a faction in Hamp- 
ton the scheme fell through.^ As many of the inhabitants, 
however, realized how helpless the province was under the 
circumstances, they forwarded to the governor and council 
of Massachusetts a petition praying that they might be re- 
ceived under their protection as formerly." Furthermore, 
they agreed to submit fully to their authority and to pay an 
equal proportion, according to their capacity, of the charges 
that would arise in defending the country against the common 
enemy. The petition being favorably received, they were soon 
taken under the care of the Boston government, and upon the 
same conditions, too, as were enjoyed by the inhabitants of 
that colony.^ At the same time the list of military and civil 
officers, which had been submitted tO' the General Court for 
approval, was confirmed. Among the officers was Samuel 
Penhallow, who was designated as the treasurer of the prov- 
ince. It was then ordered * that the justices of the peace 

^Laws of New Hampshire y vol. i, p. 260; Provincial Papers, vol. ii, 
pp. 44-45. 
"^ Ibid., vol. ii, p. 35; Laws of New Hampshire, vol. i, pp. 261, 371. 
^Provincial Papers, vol. ii, p. 41. 
*Ibid., vol. ii, p. 42. 



330 ^^^ HAMPSHIRE AS A ROYAL PROVINCE [512 

should be directed to send forth particular summons to their 
respective towns to choose and empower two- persons from 
each place to assemble w-ith them to take effectual care to 
have the claims and accounts of all public matters adjusted 
and a present assessment and levy made upon the inhabi- 
tants in such way and manner as they should deem best — 
the sum so raised to be paid into the provincial treasury 
and issued for the payment of the various debts. The fol- 
lowing June an order was passed stating- that, as it was but 
just and fair that the inhabitants of New Hampshire should 
bear *'a proportionable part of the public charge," the same 
rates that had been recently levied in Massachusetts should 
be collected in that province also.^ 

The union with Massachusetts continued until the sum- 
mer of 1692, w^hen John Usher arrived in the province and 
entered upon the government, by virtue of a commission, 
designating Samuel Allen as the governor and himself as the 
lieutenant-governor of New Hampshire. In this commis- 
sion, as well as in all the later commissions, no provisions 
were inserted pertaining to the question of raising a rev- 
enue." An assembly, however, was always conceded, and it 
is apparent from the instructions that the crown recognized 
and conceded the right of the assembly to enact laws upon 
that subject,"' for it was provided, for instance, that no law 
should be passed whereby the revenue might be lessened or 
im.paired without the king's special commands. Then, 
again, all laws for the good government and support of the 
province were to be made indefinite and without limitation 
of time, unless tiie same were temporary and expired and 

^ Laws of New Hampshire, vol. i, p. 425. 

''Provincial Papers, e. g.. vol. ii, pp. 57- 305- 366; vol. vi, p. Q08; 
vol. xviii, pp. II, 17. 

^ Ibid., vol. ii, p. 66. 



513] FINANCE 33, 

had their full effect within a certain period/ Furthermore, 
permission was given the assembly, as heretofore, to view 
and examine from time to time all accounts of money dis- 
posed of by virtue of such laws as were then in force or 
might be passed by them." As in the past, public moneys 
raised for the support of the government could only be 
issued out of the treasury upon a warrant, signed by the 
governor, by and with the consent of the council. 

Although Allen's commission, unlike the previous ones, 
said nothing about continuing, even temporarily, the taxes 
and impositions already laid upon the inhabitants, never- 
theless, when Usher assumed the reins of government, he 
issued an order ^ continuing all acts relating to the public 
revenue. When, however, he asked the council what laws 
and revenue were then "to be of force and continued," the 
latter made the reply ^ that, " considering the many reso- 
lutions and changes of late in this province for several 
years past, they are of the opinion that there were nO' laws 
nor standing revenue in this province when the lieutenant- 
governor arrived here, so that what is necessary for the 
king's service and the support of his government are tO' be 
enacted by the lieutenant-governor, council and assembly." 
Accordingly, soon after the assembly met in October, a 
committee of the two houses was appointed to establish a 
settled revenue for the province.^ As a result, two bills 
were passed for the support of the government and the 
prosecution of the war against the Indians.® One levied a 
rate upon the polls and estates, while the other provided, 

^Provincial Papers, vol. ii, p. 65. 
''Ibid., vol. ii, pp. 65, 310, y]Zy po-^^ii^- 

* Ibid., vol. ii, p. 71. 

* Laws of New Hampshir-e , vol. i, p. 518. 

^ Ibid., vol. iii, p. 4. *'Ibid., vol. iii, pp. 165, 168. 



332 ^^^ HAMPSHIRE AS A ROYAL PROVINCE [514 

first, that certain import duties should be paid upon wine, 
brandy, rum and other strong hquors; second, that all 
goods, wares and merchandise imported into the province, 
except fish, sheep, wove-cotton, wool, salt and provisions 
should be subject to certain duties according to their valu- 
ation; third, that all vessels of more than thirty tons bur- 
den, except those the majority of whose owners were resi- 
dents of the province, should pay a duty of eighteen pence 
per ton or one pound of good powder for the supply of the 
fort; and fourth, that certain excise duties should be levied 
upon all wines, brandies and other distilled liquors, as well 
as on cider, ale and beer sold by retail in the colony. Like 
the revenue acts of the previous assemblies, these were tem- 
porary in character, the first being applicable only to the 
collection of tlie rate designated in it, while the second was 
to continue in force for only one year. In fact, throughout 
the provincial period, the revenue acts were always tem- 
porary in character. 

For a great many years the revenue raised to defray the 
expenses of the government continued to be obtained both 
by reviving and continuing in force from year to year in 
an amended form the above-mentioned act designating the 
impost, excise and tonnage duties, and by levying such 
taxes upon the polls and estates as were from time to time 
found necessary.^ The latter was the chief source of the 
revenue and the main support of the government. Natur- 
ally, alsO', owing to a great variety of circumstances, it 
varied most widely, being particularly heavy in time of war. 

In March, 1693, instead of conforming to the custom, 
hitherto followed, of levying upon all polls and estates a 
rate which it was estimated would be sufficient tO' produce 

^ Laws of New Haynpshire, vol. i, pp. 566, 583, 592, 605, 659, 674, 
passim; Provincial Papers, vol. iii, 14, 24, 32, 198, 208, 211, 2.yj, passim. 



515] FINANCE 333 

the sum desired, the assembly designated in the act the 
total number of pounds that was to be raised by the tax 
and apportioned among the different towns the sums which 
each had to pay/ 

On account of the growing charges caused by the con- 
tinuation of hostihties, the amount specified in the act then 
passed was £600, which was so' apportioned among the 
four towns that Portsmouth was to pay £210, Hampton 
£200, Dover £110, and Exeter £80. This proved far more 
satisfactory than the method formerly employed, in that 
there was no uncertainty in regard tO' the amount that was 
tO' be paid into the treasury, and from this time on the 
amount to be raised was always inserted in the different acts. 

In August, 1693, the amount ordered raised by an act 
then passed was £200, while in November, 1694, the sum 
designated was £700. The next year £300 was ordered 
levied in September, and two months later an act for £400 
more was passed. In the autumn of 1696, £600 was or- 
dered raised, and in July of the following year an act for 
levying £650 was passed. In the fall this was followed by 
the passage of another act for raising £300 more, while the 
very next spring the sum specified in the bill then enacted 
was £400.^ The amounts designated in these acts, all of 
which were passed during the period covered by Allen's 
commission, show clearly how the tax fluctuated from year 
to year, while it is quite evident from the dates of their 
passage that such acts were not passed at any regular in- 
tervals, but only at such times as the occasion and the de- 
mands of the moment required. 

^Provincial Papers, vol. iii, pp. 79, IQ5; Laws of New Hampshire, 
vol. i, p. 554. 

"^Provincial Papers, vol. iii, pp. ^2, 34, 38, 46, 53, 56, 61, 203, 207; 
Laws of New Hampshire, vol. i, pp. 563. 573. 577, 578. 583. 585, 591, 
603. 



334 '^^^^ HAMPSHIRE AS A ROYAL PROVINCE [516 

Although it was true, as Usher said/ that the taxes and 
rates in New Hampshire were not as great as those im- 
posed in Massachusetts, still it must be borne carefully in 
mind that the circumstances and conditions of the two prov- 
inces were different. Massachusetts, on the one hand, 
was populous, her trade was quite extensive, and many of 
her towns were secure from attack, so that the war in those 
localities did not interfere to- any great extent with trade 
and commerce. New Hampshire, on the other hand, was 
very sparsely settled, her resources were very limited, and 
her towns were directly exposed to the enemy, so that dur- 
ing the w^ar the pursuits usually followed in time of peace 
were greatly curtailed, and during the periods when the 
enemy were particularly active, were practically suspended, 
for it was not then safe to carry them on. Furthermore, a 
great many of the able-bodied men were on those occasions 
called into service to defend the garrisons, do scout duty 
and pursue the enemy. At times, it is true, Massachusetts 
generously assisted the province, but this was nO' more than 
fair when it is considered that the protection thus afforded 
secured some of her own towns from attack. Handicapped, 
therefore, as the colony undoubtedly was, it is not surpris- 
ing to find that the assembly failed to provide sufficient 
funds to put the province in the best posture of defence. 
Thus, in May, 1694, Usher, besides pressing the assembly 
to provide for the payment of the province debts, recom- 
mended for consideration what a committee of the council, 
after an investigation, reported as necessary, viz., that £500 
should be spent to increase the strength of the fort and 
secure the king's stores, but the assembly could not be pre- 
vailed upon at that time to raise any money, so that the 

^ Provincial Papers, vol. iii, p. 33. 



517] FINANCE 335 

lieutenant-governor promptly dissolved it.' When a new 
assembly was summoned in the fall, the matter was again 
recommended for consideration, but the most that the rep- 
resentatives would do was to pass an act for £700, which 
they conceived would be sufficient, with the revenue then 
in the treasury and that arising from the impost and excise 
duties, to discharge the province debts and maintain sixty 
men for six months on the frontier." As for the other 
matters laid before them, they said that under the circum- 
stances the province was not capable of raising supplies for 
those purposes, as the rate then made was the greatest that 
was ever made in the colony, notwithstanding the fact that 
the province was greatly wasted and impoverished by the 
war. They, therefore, desired the governor and council to 
inform their Majesties of their " most deplorable condition " 
and prayed that " such methods may be taken for the pre- 
servation and defence of the province as they with the advice 
of their most honorable Privy Council, shall think meet." ^ 
When the lieutenant governor, in Novem.ber. 1695. 
pressed the representatives to make some provision for his 
support and provide means for the security of the colony 
and the payment of the province debts,"* the latter replied 
that the present state of the country was such as to force 
them to apply themselves solely to the raising of such 
money as was needed for purposes of defence. As this fell 
far short of what was actually necessary, they were not in 
a position to do anything toward the support of the honor 
of the government, although sensible that the lieutenant 
governor had been at great charge. They, therefore, re- 
quested him, with the advice of the council, to lay before 

^ Provincial Papers, vol. ii, pp. 120, 138; vol. iii, pp. 22, 23. 

'^ Ibid., vol. iii, pp. 25, 27. 

^ Ibid., vol. ii, p. 121. '■Ibid., vol. iii, pp. 33, 35. 



336 ^^^-EW/ HAMPSHIRE AS A ROYAL PROVINCE [^ig 

the king the poverty and danger of the province, in order 
that such methods might be taken for the support and de- 
fence of the same as his iMajesty shoukl think best. There- 
upon Usher proposed that certain duties, which he desig- 
nated, shoukl be laid on boards and staves, English goods, 
rum and wine. Although the members of the lower house 
did not accept the particular duties proposed, still they 
voted to impose for one year certain export duties on boards, 
staves, masts and bowsprits and an additional impost on 
wine and rum. but only on condition that the lieutenant gov- 
ernor and the council would join them in petitioning the 
king to annex them to Massachusetts inasmuch as the inhabi- 
tants were not able to support a separate government. This 
proposal however Usher refused to consider, so that the 
only revenue bill that passed was one for raising £400 to 
pay the Massachusetts soldiers that were detached for ser- 
vice in New Hampshire.^ 

In July, 1696,^ Usher objected to a revenue bill on the 
ground that its provisions infringed the prerogative. The 
bill in question was one for raising £Coo which, in addition 
to providing for tlie wages and subsistance of the men which 
had been engaged in the service, provided also for the sup- 
port of thirty men who were to be hired for three months 
to range the frontiers. When th's came before the lieu- 
tenant governor, he sent for the representatives and desired 
to know whether any men that might be impressed by him. 
in addition to the thirty named in the act, would be paid 
out of the £600. On being told that they would not be paid 
out of that money, he declared that, in his judgment, it was 
an infringement of the prerogative to allow only thirty men 
when nuire were absolutely necessary. He therefore ac- 

^ Provincial Papers , vol. iii, p. 38. November. 1695. 
"^Ibid., vol. iii, p. 41. 



519] FINANCE 337 

quainteci them, that unless " they would put the thirty men 
and grant the bill in general for his Majesty's fort and pay- 
ment of the king's soldiers in service," he would not accept 
the measure. After considering the matter, the representa- 
tives replied that they could not alter it, whereupon Usher 
dissolved them saying that " they were going about to de- 
prive him of the power of the king's prerogative." 

When another assembly met in the fall, Usher told the 
newly elected delegates, that, had he not advanced, out of his 
own pocket,^ money for provisions for the frontier garri- 
sons, the soldiers there posted would have been drawn off 
and the places left to the enemy. ^ At the same time, he 
urged them to provide for the province debts and for the 
security of the fort and the king's stores, and pressed them 
to make some provision also for the wages and subsistence 
of the soldiers for some time to come. Although the rep- 
resentatives knew that the debts amounted to more than 
£700 and realized that the expenses during the winter would 
probably amount to as much more, still they returned word 
that, owing to their poverty, the scarcity of corn and the 
poor prospects of reaping any better crop that year, they 
were not able to raise more than £600.^ The council then 
sent down a vote that the king should be addressed to send 
over a general governor and annex them as he saw fit. 
After approving the £600 bill. Usher recommended that 
some provision should be made for his support, as he had 
already served the province for four years without receiving 
a penny for his services, but the house returned practically 
the same answer as it did on a similar occasion the previous 

^ Provincial Papers, vol. iii, p. 42. September, 1696. 
^/bid., vol. ii, pp. 181, 188. It appears from the records that Usher 
advanced ^13 : 12 in April and ^57 : 9 in June. 
^Jbid., vol. iii, pp. 44, 45. 



338 NEW HAMPSHIRE AS A ROYAL PROVINCE [520 

November, and again implored the lieutenant governor to 
inform the king that it would be best for the defence of the 
province to be annexed to Massachusetts.^ 

As no provision had been made for the subsistence and 
pay of the soldiers during the w^inter and hostilities still 
continued, an assembly had to be called the following June 
to raise more money." An act for levying £650 was then 
passed but, as this fell far short of paying the debts and 
the charges that would accrue during the summer, another 
session was necessary in the autumn, when the representa- 
tives were prevailed upon to raise £300.^ Notwithstanding 
the fact that all matters connected with the defence of the 
province had been conducted in the most frugal and econo- 
mical manner, the colony still continued in debt, so that in 
the spring of 1698 the legislature ordered £400 more raised 
towards defraying the public charges.* 

The truce that followed the treaty of Ryswick relieved 
the inhabitants from the great strain under which they had 
been living for several years past and gave the province 
a chance to recover somewhat from the effects of the war, 
while the plentiful harvests with which the people were 
blessed in the years immediately succeeding the ratification 
of the treaty greatly improved the conditions prevailing in 
the colony.^ 

When Bellomont arrived in the province in August, 1699, 
the people hailed him with great joy. This was significant, 
for it was in sharp contrast to the coolness with which 
Allen had been received the year before. The former was 
looked upon as a friend and well-wisher of the colony while 

^ Provincial Papers , vol. iii, p. 47. ''Ibid., vol. iii, pp. 51, 53, 203. 
'^ Ibid., vol. iii, pp. 55, 56. October, 1697; cf. vol. ii, p. 257. 
^ Ibid., vol. iii, p. 61. April, 1698. 
''Ibid., vol. ii, pp. 282, 326. 



521] FINANCE 339 

the latter, as the purchaser of Mason's claim to the soil, was 
regarded rather in the light of an enemy and as a menace to 
the welfare of the province. This same feeling, too, is re- 
flected in the action taken by the assembly. Thus, the 
one, summoned by Allen, declined to consider any matters 
requisite and necessary for the service of the province ^ 
except the act relating to the impost, excise and tonnage 
duties which, as usual, it voted to revive, but, that the gov- 
ernor might have no control over the disposal of the 
revenue thus raised, it directed that all the money, except 
that arising from the duty on tonnage, should be reserved 
and employed for the reception of Lord Bellomont. On the 
other hand, the assembly that met under the Earl,^ cheer- 
fully gave him as a token of their esteem, a present of £500, 
revived as usual the excise, impost and tonnage act and 
carefully considered many matters of interest and import- 
ance, while a few months later, it resolved to provide for 
the discharge of the public debts by passing an act for 
raising £460.^ 

With the continuance of peace, the condition of the pro- 
vince steadily improved while the charges incurred by the 
government declined, so that when the next rate was made 
in March, 1701, it was found, that, apart from the regular 
revenue produced by the impost and excise act, but £300 
were required to pay off all the province debts accounted 
to be due by the end of the following May. With the ofifi- 
cial renewal of the war, upon the accession of Queen Anne, 
however, the public charges soon began to increase.* 

As a means of increasing the revenue obtained from in- 

^ Provincial Papers , vol. ii, pp. 286, 289, 291. 

* Ibid., vol. ii, p. 333; vol. iii, p. 86. August, 1699. 

^ Ibid., vol. iii, pp. 90, 91, 94; vol. xix. p. 725. November, 1699. 

*-Ibid., vol. ii, p. 366; vol. iii, pp. 126, 127. 



340 ^EW HAMPSHIRE AS A ROYAL PROVINCE [^22 

direct taxation, duties were levied in 1702 upon all sorts of 
goods and merchandize imported into the colony and upon 
all kinds of lumber exported out of the same. The follow- 
ing year these duties were continued in force and appear to 
have netted the province a considerable sum/ In August, 
1704. Governor Dudley told the assembly that he knew of 
no better article for the advancement of the revenue than 
the tax on lumber which had not been any hardship the 
last two years, when the price of lumber was below twenty 
shillings per thousand, while now that it was almost double 
that sum, that commodity would be the better able to bear 
the tax. Now. however, the representatives were opposed 
to reviving it, claiming that it did not answer the end pro- 
posed and bore very heavily upon those engaged in lumber- 
ing." At the same time, they expressed themselves in favor 
of having the public charges defrayed by a tax on the polls 
and estates, and declared that they were ready to levy such 
taxes from time to time according to the necessities of the 
province and the abilities of the inhabitants. 

During this administration the regular charges of the gov- 
ernment were increased by the assembly granting the gov- 
ernor a salary,"^ and in all succeeding administrations, too, 
such an item was almost always included among the annual 
province charges. Sometimes, as in Dudley's case, the as- 
sembly passed an act, designating the salary that should be 
annually paid the executive during his continuance in office. 
At other times, however, the assembly could not be pre- 
vailed upon to bind itself to pay any fixed amount either an- 
nually or at any other prescribed time, but, in lieu thereof, 
passed from time to time such grants as it saw fit. In all 

^ Provincial Papers, vol. ii, p. 378; vol. iii, pp. 236, 242, 249, 265. 
'^ Ibid., vol. iii, pp. 291, 294. ^ Ibid., vol. iii, p. 308. 



523] FINANCE 341 

cases, however, the governor's salary v^^as paid by the pro- 
vince. 

The longer the war continued, the greater were the de- 
mands made upon the government. As had often been the 
case before, the representatives were rather backward in 
raising the sums needed to pay the province debts, so that 
the governor was frequently obliged to call their attention 
to the matter.^ Complaint was also made that, unlike 
Massachusetts, the province was not doing its full duty in 
the prosecution of the war or paying a fair share of the 
expenses. But the answer made by the house was that the 
circumstances and conditions prevailing in the two pro- 
vinces were entirely different. 

In July, 1706, the treasurer estimated the province debts 
at £1356:6, but all that the assembly could be prevailed 
upon to raise was £700.^ The following year, the governor 
declared that, " at the earnest solicitations and motion of the 
assembly of the province of Massachusetts," he had entered 
upon an expedition against Nova Scotia and Acadia with 
the view of making what spoil he could upon the French 
inhabitants there. As he expected to have some assistance 
from the other New England colonies, he hoped New 
Hampshire would take part in the enterprise. This the 
colony did. but the assembly failed at the time to set aside 
any funds to pay those that were to engage in the service. 
Consequently, in May, 1708, Dudley was obliged to tell the 
house that the matter must no longer be delayed and that 
provision must also be made for the payment of the other 
debts. ^ In reply, the representatives said they had just agreed 

^ Provincial Papers , vol. iii. pp. 271, 275, 282, 290, 294, 303, 315.325. 
333, 345. 353. Passim. 

"^Ibid., vol. iii, pp. 325, 327. 

^ Ibid., vol. iii, pp. 339, 357, 361, 366. 



342 NEW HAMPSHIRE AS A ROYAL PROVINCE [524 

to raise the money to pay the officers and soldiers and had 
also considered the other province charges. Accordingly 
an act was passed to raise £1100. This was the largest 
amount that had ever been ordered raised at one time in 
the history of the province. Still it was not sufficient to 
discharge all the public debts. Although the charges in- 
curred during the summer in defending the frontiers greatly 
increased the debt, nevertheless the representatives refused 
to raise any more money in the fall on the ground that the 
people were very poor and would be thrown into con- 
sternation should another tax be levied before the previous 
one, a considerable part of which had not yet been gath- 
ered, was paid in full.^ 

The next spring, Governor Dudley again pressed them to 
discharge the province debts and urged them to make some 
provision also for the expedition then preparing against 
Canada." But the most that the house would do was to 
pass an act for raising £1720. Of this amount, £440 (the 
sum designated for the Canada expedition) was to be raised 
by the first of September, while the balance was to be paid 
by the last day of December. The following day,^ the 
council unanimously voted " that the representatives be 
acquainted that we are sensible of the debts due from this 
government to several persons, soldiers and others, amount- 
ing to several hundred pounds contracted by the war in the 
six years last past ; that the council are sensible that the 
governor in every session hath earnestly moved that the 
said debts be adjusted and paid; that the representatives 
have in several sessions promised and chosen committees for 
ascertaining the debts accordingly but to no effect, and offi- 
cers and soldiers are daily complaining for want of pay- 

^ Provincial Papers, vol. iii, pp. 367, 369. 

"^ Ibid., vol. iii, p. 374. May, 1709. ^ Ibid., vol. iii, pp. 379, 382. 



525] FINANCE 343 

ment, upon all which the council desire that this their vote 
may be entered in the council acts for their justification; 
that they are ready to adjust and ascertain the debts either 
by the whole assembly or by committees, and to give their 
votes for the payment either in this session or the next, 
and humbly desire that the governor be acquainted with 
this vote in our own just vindication." 

So backward was the province in completing the neces- 
sary preparations for the expedition that the executive had 
just reason to complain.^ Finally in June, Lieutenant- 
Governor Usher, after pointing out many things that had 
yet to be done, declared that it would be necessary to raise 
an additional £300 for the Canada expedition and at least 
£100 more for the subsistence of the men engaged at the 
fort and those employed in ranging the frontiers who were 
not able to perform their proper duties because there were 
no provisions for their support and none could be obtained 
on credit, because those who had advanced provisions the 
year before had not yet been paid.' In reply the repre- 
sentatives said the poverty of the inhabitants was such that 
one-third of them had no bread to eat nor anything to pro- 
cure it with. Furthermore, they feared it would be very 
difficult for the people to pay the £1720 tax. which had yet 
to be collected, so that an attempt to raise any more money 
at the present time would put the settlers in such a con- 
sternation that they feared all would be in a flame. How- 
ever, to defray the expenses mentioned in his honor's speech, 
they declared themselves willing to raise £150. Calling them 
up for a conference, lusher informed them that the sum 
mentioned would by no means answer the ends proposed. 
Furthermore, he said that the council were also of the opin- 

^ Provincial Papers , vol. ii, pp. 593, 595; vol. iii, p. 385. 
^/bid., vol. iii, pp. 385, 386. 



344 ^^^^ HAMPSHIRE AS A ROYAL PROVINCE [526 

ion that more money must be raised for those purposes, even 
if they made it payable six, nine or even twelve months 
hence/ The representatives, however, refused to raise an 
additional sum, simply reiterating what they had already 
said concerning the poverty of the inhabitants and their in- 
ability to pay more. Thereupon, the lieutenant governor, 
upon the advice of the council, dissolved the assembly and 
immediately issued a writ for the election of another. 

When the newly elected delegates assembled, Usher ad- 
dressed them in regard to the pressing needs of the province 
and the necessity of raising money, and proposed that an 
act be passed, providing that the money needed should be 
paid into the treasury about nine or twelve months hence, 
the treasurer in the meantime to take up such a sum on in- 
terest as would be needed to meet the various demands that 
would be made on him. .\t the council's request, he also 
communicated to them a letter from the governor in which 
the latter said,^ '' The worst thing is coming towards the 
province of New Hampshire that ever yet happened to 
them, that is, the loss of their reputation with her Majesty 
and the government. I have here but sixty men of one 
hundred, and eight of them have already run away ; and all 
your government, civil and military, are not able and there- 
fore not willing to raise them; and the reason is because 
the assembly has not in time past paid them as they ought ; 
nor will it now raise the money necessary for them, which 
I must plainly lay before her Majesty, if not now com- 
plied with. And there are men in the world," he continued, 
" who will be glad of such a handle to do their business by. 
Moreover, if I have not thirty men sent, I am also upon 
the defence of myself at home. I can boast how I have 

^ Provincial Papers , vol. iii, pp. 388, 389, 391. 
^Ibid., vol. iii, pp. 391, 392. June, 1709. 



527] FINANCE 345 

with five hundred men at a time defended the province with 
the Massachusetts men and money and am ready always to 
do it; and expect to be obeyed when her Majesty's com- 
mands are so just and good "... After taking the matter 
under consideration, the house conckided in July that it was 
absolutely necessary to provide £150 and accordingly passed 
a vote to raise that amount, at the same time stipulating that 
the writs for the collection of the money should not be 
issued to the constables until the first day of the following 
March.' 

The financial condition of the province was at this time 
very discouraging. The resources of the country, too, were 
very limited and its credit very poor. The long continu- 
ance of hostilities had practically paralyzed some lines of 
business and seriously crippled others, while trade and com- 
merce in general had greatly declined. As every part of 
the province was more or less exposed to the enemy, the 
war bore heavily on every town. The province debts also 
were steadily increasing, but, owing to the poverty of the 
people and their inability to pay large sums in taxes, it had 
been found impossible to prevail upon the assembly to or- 
der such amounts raised by taxation as were necessary to 
meet all demands. Furthermore, there were no prospects 
of an early peace, but rather indications of a more vigor- 
ous prosecution of the war into the enemies' territory so 
that, instead of anticipating any diminution in the neces- 
sary charges of the government, the signs pointed to a sub- 
stantial increase. Complaints, too, were many and fre- 
quent. Moreover, as those who had been in the service of 
the province were compelled to remain month after month 
without their pay, it became more and more difficult to 
secure men for the defence of the country, while those who 

^Provincial Papers, vol. iii, pp. 395, 396. July, 1709. 



346 NEW HAMPSHIRE AS A ROYAL PROVINCE [528 

had willingly advanced money to the province on former 
occasions refused to do so any longer because they had to 
wait so long before being reimbursed. 

Such was the condition of affairs when the representa- 
tives met in December and again took the matter under con- 
sideration. After some deliberation, they came to the con- 
clusion that the best way to relieve the situation and secure 
the payment of the public debts was by issuing money on 
the credit of the government. Accordingly, they voted to 
issue bills of credit, the repayment and redemption of which 
were to be secured by an act, binding the government to 
raise by taxation within a certain number of years the 
amount of the emitted bills. ^ As the governor and council 
soon signified their concurrence, the necessary act was 
drafted and passed, whereupon a committee of the two 
houses was sent to Boston to get the bills printed. To im- 
prove the credit of the bills,- it was resolved some months 
later that, in the payment of taxes, they should be received 
by the treasurer and all the subordinate officers at an ad- 
vance of 5%. Within a year, however, they had obtained 
such a general currency that an order was passed to the 
effect that they should thereafter be received at par.^ At 
intervals from this time on until the close of the last war 
with France, paper bills continued to be emitted on the 
credit of the government, and although at first they were 
rather a boon to the province, they were the means later of 
plunging it into great financial difficulties from which it only 
emerged a short time before the outbreak of the Revolution. 

In order to ascertain the true state of the province debts, 
some of which were of many years' standing, the legislature, 

^Provincial Papers, vol. iii, pp. 411, 417. 425- December, 1709. 

''■Ibid., vol. iii, p. 430. May, 1710. 

^ Ibid., vol. iii, p. 473; AV?f Hampshire State Papers, vol. xix, p. 12. 



529] FINANCE 347 

in February, 1710, directed the committee of audit to ap- 
point a time for the inhabitants to bring in their claims. 
This being done, a report was submitted to the assembly in 
May, showing that the sum required to satisfy the various 
claims, as officially adjusted and approved by the commit- 
tee up to that time, amounted to more than £2000, while in 
the fall additional claims aggregating £555 were approved 
and ordered paid. A few months after provision had been 
made for the payment of these claims, it was necessary to 
appoint a committee to consider a great number of other 
debts, most of which had been contracted during the summer 
and autumn in consequence of the continuance of the war 
and the colony's participation in an expedition against Port 
Royal. ^ According to the report presented to the assembly 
the following May, the amount of the claims approved up 
to that time by the committee was £3075 : 17: 5, which sum 
the legislature then ordered paid. During 171 1, a good 
part of the debt then contracted was incurred in defending 
the province against the inroads of the enemy and in par- 
ticipating in an expedition against Canada. As allowed by 
the committee of audit at the close of the next fiscal year, 
it amounted to £2584: 10: 2.^ Although there was no ex- 
pedition against the enemy in 171 2, the latter was unusually 
active along the frontiers so that the expense incurred in 
defending the province against invasion was much greater 
than it otherwise would have been. The consequence was 
that the report of the committee of audit showed at the 
close of the year that the province debts up to that time 
approved by it amounted to about £1000.'' With the pub- 
lication, a few months previous to this, of the royal pro- 

^ Provincial Papers, vol. iii, pp. 419. 421, 426, 454, 461. 

"^ Ibid., vol. iii, pp. 472, 528. 

^ Ibid., vol. iii, p. 536. December, 1712. 



348 NEW HAMPSHIRE AS A ROYAL PROVINCE [^30 

clamation declaring a suspension of arms, the war virtually 
ended and the province once more entered upon an era of 
peace which was conducive to its growth and development.^ 

In order to discharge the various debts that had been in- 
curred, it had been found necessary to obtain more money 
than the act, providing for the emission of the paper bills, 
called for. This had been obtained sometimes by issuing 
more bills of credit and sometimes by re-issuing the bills 
which had been brought into the treasury for the express 
purpose of sinking previous issues of paper money. Thus, 
the total amount of new bills issued was £5000 while the 
bills which had been received in taxes and had then been 
re-issued were those which had been collected in 1710, 1711, 
and 1712, amounting in each case to f iooo.~ 

As the £1500 tax which was levied in 1713 to redeem 
some of the bills of credit, had been paid into the treasury 
in Massachusetts, Rhode Island and Connecticut bills, it 
was necessary, in order to sink that amount of New Hamp- 
shire bills, to exchange them for the latter. In doing this 
the province would lose money as the credit of the other 
bills appears to have been higher than that of the local 
ones. For this reason among others, it was resolved in 
May, 17 14, to loan out the £1500 at interest for a period of 
two years to such persons as would give good and sufficient 
land as security for its repayment in New Hampshire bills. 
Furthermore, to encourage the payment of future taxes in 

^ Provincial Papers , vol. ii, p. 644. October, 1712. 

* Ibid., vol. iii, p. 460. In December, 1710, there was an issue of 
/■2500; vol. iii, pp. 503-5, in October, 171 1, an issue of ^2000; vol. iii, 
PP- 533-4. in October, 1712, an issue of ^500. New Hampshire State 
Papers, vol. xix, pp. 26, 37. For the money that was re-issued, see 
Provincial Papers, vol. iii, pp. 474, 477. 499, 533. 534; ■A'ifzt' Hampshire 
State Papers, vol. xix, pp. 12, 24, 27- It should here be said that the 
paper bills now formed practically the only currency in the province. 



531] FINANCE 349 

local bills, the treasurer was ordered to receive them at .an 
advance of 5%.^ At the same time, a further emission of 
£1200 was ordered to discharge the various province 
debts. In the spring of 171 5, £500 of the tax money was 
ordered repeated, or in other words re-issued, in order to 
defray the province charges, and this was followed the 
next year by the repetition of £1500.^ At the same time, 
on account of the scarcity of money, an act was passed," 
suspending until 1723 the payment of one-half of the 
£2000 which, by virtue of an act of the legislature, was to 
have been collected in taxes in 1716 to redeem that amount 
in province bills. The scarcity of money was also the ex- 
cuse given by those who failed to comply with their obliga- 
tions with respect to the £1500 which had been let out at 
interest in 1714/ In response to their request for more 
time, the general assembly granted them liberty to pay the 
money at any time before October, 1718, provided they gave 
new bonds payable with interest at the rate of 6% annually, 
instead of 2^/2% as formerly. 

The great want of a medium to carry on trade and com- 
merce led the house, in January, 171 7, to pass a vote for 
the emission of £10,000.^ Hitherto bills of credit had only 
been issued to provide for the discharge of the province 
debts; now the main purpose in issuing the bills was to 
ameliorate the conditions due to the great scarcity of money 
as a medium of exchange. According to the scheme pro- 
posed, the £10,000 was to be distributed among the various 

^Provincial Papers, vol. iii, pp. 563, 564. 

^ Ibid., vol. iii, pp. 586, 643, 647; New Hampshire State Papers, vol. 
xix, pp. 62, 86, 88. 1 716. 

* Provincial Papers, vol. iii, pp. 644, 647; New Hampshire State 
Papers, vol. xix, pp. 87, 88. 

^ Provincial Papers , vol. iii, p. 685. ^Ibid., vol. iii, p. 671. 



350 ^EW HAMPSHIRE AS A ROYAL PROVINCE [532 

towns in proportion to the amount of taxes which each 
paid into the provincial treasury and the money let out in 
lots of £300 and less to such persons in those towns as 
would give as security land of double the value of the bills 
respectively received by them. For the sums so loaned, 
interest at the rate of 5% was to be paid annually for a 
period of twenty-three years, at the end of which time the 
borrower was relieved of any further payments and ac- 
quitted of both principal and interest. Such a scheme had 
been tried in other colonies and was known in the language 
of the time as a Land Bank. When the vote reached the 
council, that body at once approved it and the next day 
recommended that the amount be raised to £15,000, but 
before the necessary bill could be perfected, the assembly 
was dissolved.^ When another met in May, the scheme 
was revived, but then the sum proposed was fixed at £15,000 
and the rate of interest increased to 10%, while the term 
for which the bills were to be let out was reduced to eleven 
years, at the expiration of which period the borrower was 
forever acquitted of both principal and interest." As be- 
fore, land of double the value of the money loaned was to 
be given as security by the borrower. With respect to the 
distribution of the money, it was provided that a central 
committee should give to local town committees the share 
which each town was entitled to receive. The central com- 
mittee was the committee of the two houses which was au- 
thorized in the act to sign the emitted bills, while each local 
committee consisted of the town's representative in the 
assembly and such other persons as were duly chosen for 
that purpose at a regular town meeting. After receiving 
the money, the local committees were to let it out in lots 
of not less than £20 and not more than £300 and present at 

^Provincial Papers, vol. iii, pp. 672, 679. -Ibid., vol. iii, p. 688. 



533] FINANCE 351 

the end of each year to the central committee a report of 
the money in their hands. The interest money thus received 
was then to be burnt in the presence of the entire legislature. 
In case any of the holders of the bills failed to meet their 
obligations it was provided that the land mortgaged should 
be sold, while to encourage the payment of the interest in 
New Hampshire bills, it was stipulated that all others 
should be received at a discount of 5%. After the act had 
passed the two houses, it was presented to the governor 
who signed it two days later.^ 

The act, however, failed to produce the results antici- 
pated, for money appeared to be as scarce as ever, so that 
the following spring payment of part of the tax money 
which was to have been brought in that year and burned 
to redeem the paper bills, was postponed; ^ and in 1720 and 
again in 1721 similar action was taken with regard to the 
tax money which was to have been gathered in those years.' 

While the question of striking more bills of credit was 
under consideration in 1721, Governor Shute communi- 
cated to the assembly an instruction which he had received 
from England.* This had been issued in September, 1720 
in consequence of the many inconveniences that had arisen 
as a result of the emission, by the various colonies, of bills 
of credit. According to its terms, governors were forbidden 
to give their assent to any more acts, providing for the emis- 
sion of bills of credit, except such as were absolutely neces- 
sary to defray the support of the government, unless a clause 
was inserted suspending their operation until the king's pleas- 

^ Provincial Papers, vol. iii, p. 692. ^ 

Wbid., vol. iii, pp. 735, 793, 835. 

^New Hampshire State Papers, vol. xix, pp. 120, 145, 146, 161, 165. 
^Provincial Papers, vol. iii, pp. 802, 810, 811, 813, 815, 817; Nezu 
Hampshire State Papers, vol. xix, p. 157. 



352 A'£ff' HAMPSHIRE AS A ROYAL PROVIXCE [534 

ure was known. Though the house had been considering 
the emission of a considerable sum. the production of the in- 
struction effectually put a stop to the further consideration 
of the matter. 

The next year, a committee of the two houses was ap- 
pointed both to consider the question of bringing into the 
treasur}^ all the money that had been hitherto postponed and 
to make an estimate of the province charges incurred since 
the issue of the royal instruction.^ According to the report 
which the comimittee presented, there had been postponed 
and drawn out of the treasury, for which provision was now 
to be made, over £5000, while the debts contracted since the 
issue of the instruction amounted to £2256: 16: 4, of which 
but £255 had been paid." Besides this, £800 was required 
to pay the accruing charges of the government, so that an 
emission of £2801 was necessary in order to meet all de- 
mands. After some deliberation, two acts were passed. 
One provided for an emission of £5384 : the other for an 
emission of £2800. The first was to be used to exchange the 
bills that had been issued prior to 1716. the redemption of 
which had been postponed from time to time and many of 
which were now very much broken by frequent handling 
and constant usage : the second was to defray the province 
debts and the accruing charges of the government.^ In 
both cases, however, the new bills were to be placed, not in 
the hands of the treasurer, but in the hands of those, named 
by the two houses, who. in the first case, were to exchange 
them for the bills emitted prior to 1716 and, in the second 
case, were to issue them to the treasurer in such amounts 
as were from time to time allowed by the assembly. As had 

^ Provincial Papers , vol. iv, pp. 310, 311. May, 1722. 

'Ibid., vol. iv, pp. 314, 315. 

^Ibid., vol. iv, pp. 341, 342, 343 et seq. 



535] FINANCE 353 

hitherto been the custom, the bills were to be redeemed by 
levying taxes upon the polls and estates, it being stipulated 
in the £5384 act that that sum should be redeemed by levy- 
ing a tax for that amount in five annual instalments begin- 
ning with the year 1724, while in the £2800 act it was pro- 
vided that the bills should be drawn in in two equal instal- 
ments in 1729 and 1730. In both instances the tax-money 
was to be received by persons appointed by the legislature 
and not paid by the selectmen directly to the treasurer. 

When, the following summer, war was officially proclaimed 
by the governor against the Eastern Indians who had been 
very uneasy and the cause of considerable trouble for some 
time past, the assembly was called upon to render such assis- 
tance as was necessary to prosecute it with vigor. As there 
was no money in the treasury for such a purpose, the prov- 
ince was quickly plunged into debt, so that it became neces- 
sary in the fall to issue £2000 in paper bills to meet the 
various demands. As the war continued, considerable sums 
were required from time to time to pay off the soldiers and 
provide the means for the protection of the frontier.^ This 
was obtained as the occasion required either by emitting the 
requisite amount in bills of credit or by levying taxes upon 
the polls and estates.^ 

Although the first paper bills that had been issued by the 
province circulated at par, they soon began to depreciate, 
and. despite the attempts that were made to re-establish 
their credit, they continued to decline in value. At the time 
that the first bills were issued, silver was worth eight shill- 

^ Provincial Papers, vol. iv, pp. 74, 76, 81, 107, 118, 149. 165, 169, 200, 
377- 

•Ibid., vol. iv, pp. 157, 167. December, 1724, ;,f200o; vol. iv, pp. 
194, 205. Jan., 1726, ^2000; vol. iv, pp. 100, 105. May, 1723, jCiooo 
tax; vol. iv, pp. 139, 145. June, 1724, .;^500 tax; vol. iv, p. 407. May, 
1725. jCSOO tax. 



354 ^^^^ HAMPSHIRE AS A ROYAL PROVINCE [536 

ings an ounce and for a time this constituted the par of ex- 
change but soon the metal began to rise in all business trans- 
actions and continued to increase in value so that by the 
year 1730 one ounce of silver was worth twenty-one shill- 
ings/ The depreciation of the bills was due to the oper- 
ation of several causes. As the paper money issued by the 
other New England governments was of the same tenor as 
that emitted in New Hampshire, any action taken by one 
colony regarding the bills was likely to affect the general 
credit of all then in circulation, for the bills of the four 
colonies had a general currency in all. A very important 
factor to be borne in mind in connection with their deprecia- 
tion is that the assemblies of all the colonies failed at times 
to execute promptly the provisions of the various acts of 
emission, .\lthough it was provided in the different acts 
that the bills should be redeemed in certain specified years, 
often under the stress of fiscal necessity due to the scarcity 
of money and to the pressure of war, the payment of the 
taxes levied for the redemption of the bills was postponed to 
some future time or the money that was brought into the 
treasury to redeem the bills was not consigned to the flames 
in accordance with the provisions of the act by which it had 
been collected, but re-issued and used for some entirely dif- 
ferent purpose. Naturally this tended to lower the credit 
of the bills. In fact, anything that interfered with their 
prompt redemption was likely to produce the same eft'ect. 
Furthermore, as no limitation of the supply was set by na- 
tural forces, the tendency was to increase the amount of the 
paper money, without giving due consideration to the oper- 
ation of the natural law of supply and demand. Then, too. 
it was much easier and far less troublesome to impress more 
bills than to levy taxes to meet the demands of the govern- 

' Collections of the Nezv Hampshire Historical Society, vol. v. p. 258. 



537] FINANCE 355 

meiit. The result was that when the number issued was in 
excess of the legitimate demands of trade and commerce, de- 
pression set in immediately, for such money could find no 
outlet in international commerce, having no acceptance 
abroad. Consequently its distribution could not, like the 
distribution of silver and gold, be automatically regulated 
through the normal movements of trade with foreign coun- 
tries. Then, again, as silver and gold were the metals in 
which foreign balances were discharged, the effect of an 
over-issue was to put a premium on those metals. More- 
over, once depreciation set in, debtors were wont to defer 
their payments and all other obligations as long as possible 
in order to take advantage of the constantly depreciating 
currency. This was virtually equivalent to scaling down 
their debts. The more rapidly, therefore, the bills depre- 
ciated, the greater was the gain to the debtor class and the 
greater the loss to creditors and to those whose salaries or 
incomes were numerically the same from year to year. In 
1720, the province had a conference with the other New 
England colonies " about some method to advance the credit 
of the medium of exchange," but nothing was done.^ In 
May, 1725, Lieutenant-Governor Wentworth, in referring to 
the difficulty under which the ministers of the gospel were 
laboring by the sinking credit of the paper money, said that 
the depreciation was such that those that contracted with 
their parishes ten or twelve years ago for £100 a year now 
had their salaries virtually reduced by the debasing of the 
currency to £50 or £60 a year.- Furthermore, in calling 
upon them to devise some method to put a stop to counter- 
feiting the bills, he said the latter had " but a poor credit 
at best and certainly they will yet be worse, in case the 
practice of counterfeiting prevail." 

^ Provincial Papers , vol. ii, p. Tt^Z- "^Ibid., vol. iv, p. 168. 



356 NEW HAMPSHIRE AS A ROYAL PROVINCE [538 

The question of preventing the counterfeiting of bills of 
credit had already been brought to the attention of the as- 
sembly several times. The first counterfeits appeared soon 
after the bills were put in circulation. The steps, however, 
which were taken to put a stop to the practice did not pro- 
duce the result desired. Consequently the laws were made 
more stringent and severe. Although this acted as a de- 
terrent, counterfeits continued to appear, and in certain 
years the number in circulation gave cause for alarm and 
compelled the government to proceed with vigor against the 
offenders.^ 

In April, 1728, the house of representatives proposed that 
£30,000 should be issued on loan upon the same basis as the 
£15,000, emitted in 17 17, but the lieutenant governor and 
council expressed themselves as much surprised at the enor- 
mous sum mentioned." However, they said they would 
take the matter under advisement and suggest a proper sum, 
but a week afterwards they voted to suspend the considera- 
tion of the question until the next session. The following 
month, the representatives informed the lieutenant governor 
that they were deeply apprehensive of the consequences re- 
sulting from the great scarcity of money and the consequent 
falling-off in trade, which rendered them incapable of per- 
forming many things which might otherwise be done. As 
a measure of relief, therefore, they proposed that £30,000 
should be emitted on loan, but the council was not in favor 
of such a large issue, for it voted a little later to emit only 
£5000. This vote the other house promptly non-concurred, at 

^Provincial Papers, e. g., vol. iii, pp. 751, 797; vol. iv, pp. 13, 107, 
117, 133; vol. V, pp. 2, 4, 8; Laws of New Hampshire, Edition of 1771, 
p. 171. 

"^Provincial Papers, vol. iv, pp. 289, 490. 



539] FINANCE 357 

the same time sending up another for £15,000.^ As the as- 
sembly was prorogued immediately afterwards, nothing was 
accomplished, but the different votes show clearly the posi- 
tion which each house held with reference to the further 
emission of bills of credit. 

In 1729, the house passed a vote to postpone the payment 
of the interest money long since due on the £15,000 loan. 
In the act, passed in 171 7, authorizing the emission of that 
sum, the interest on the money was to be paid in annual in- 
stalments, the rate of interest being fixed at such a figure that 
it was sufficient at the end of eleven years to redeem the 
principal and defray the necessary charges connected with 
the emission of the bills and the loaning out of the money. 
But so many had defaulted in their payments that the 
greater part of the money was still unpaid when the time 
was up. As the province was suffering from a great 
scarcity of money, an act was passed, providing that the 
amount still due should be paid in three annual instalments 
beginning with the year 1729." At the end of the third 
year, however, there was still owing between £6000 and 
£7000, and, as before, no attempt was made as required 
under the law to institute suits against the delinquents for 
the purpose of selling the land which had been given as se- 
curity for the money loaned. The governor repeatedly 
called attention to the matter, for his instructions strictly 
commanded him to see that all bills were promptly called in 
as provided in the various acts, but a great many years 
passed by and additional legislation was necessary before all 
the money was fully paid.^ 

In the same way, the house kept on postponing the repay- 

^ Provincial Papers, vol. iv, pp. 293, 298, 491, 502, passim. 

^Ibid., vol. iv, pp. 550, 624, 688. 

^Ibid., vol. iv, pp. 624, 659, 668, 720, 824. 



358 NEW HAMPSHIRE AS A ROYAL PROVINCE [540 

ment of the money which had been loaned out in 17 14 for 
a term of two years. As has been ah-eady noticed, the as- 
sembly extended the time within which the loan might 
be paid until October, 17 18. In addition to the £1500, 
which was the amount of the first loan, £230 more had been 
loaned out upon the same basis in the spring of 1716, so 
that the total amount now out was £1730. When the time 
came for calling in the loan, the assembly voted to have 
the bonds renewed with interest, and this policy it continued 
to pursue whenever the principal became due. When 
Belcher became governor in 1730, he was commanded to 
take special care that the provisions of the various acts were 
punctually complied with. Accordingly, he repeatedly called 
upon the representatives to enact such measures as were 
necessary to have the loan called in, and the council, too, 
was in favor of having this done, but the house failed for 
many years to take any action in the matter.^ 

With the view of maintaining the credit of the paper bills 
which had been steadily depreciating in value owing in part 
to over-issues and in part to the failure of the provincial 
assemblies to redeem them at such times as were designated 
in the various acts of emission, the home government at last 
ordered governors to take special care that all outstanding 
bills were promptly called in and redeemed as provided in 
the various acts by virtue of which they had been issued. 
In other words, the practice of re-issuing the bills and post- 
poning their redemption, contrary to the provisions of the 
acts of emission, was to cease. Furthermore, governors 
were commanded to strictly obey the instruction which for- 
bade them to give their assent to any act for the emission of 
bills of credit (except such as were necessary for the actual 
support of the government) unless a saving clause was in- 

^ Provincial Papers, vol. iv, pp. 341. 563. 643, 685, 689, 717, passim. 



541 ] FINANCE 2^0 

serted, suspending its execution until his Majesty's pleasure 
was known, l^nlike the instruction issued to Shute, this 
one limited the amount which could be emitted for the sup- 
port of the government by stipulating that it should not ex- 
ceed £6000/ When, therefore, the assembly met in the fall 
of 1730, it provided for the payment of the debts of the pro- 
vince by passing an act for the emission of £1300, and the 
following December it authorized the emission of £700 
more.^ The same year the house also voted to issue £6000 
for the repair of the fort and the erection of a state house. 
Thereupon, Governor Belcher laid before it the instruction 
to which reference has just been made. At the same time 
he told the councillors that, if they thought such an emission 
would be for the best interests of the province, he would 
sign the necessary bill, providing it contained the required 
saving clause, or he would send such a bill home without 
his signature attached to it and endeavor to secure from 
the Crown permission to approve it. As the council de- 
cided in favor of the emission, a bill, providing for such an 
issue, was prepared and passed, whereupon the governor 
wrote home for the necessary permission to sign it. The 
reply, however, was unfavorable, the Lords of Trade declar- 
ing that they could by no means advise the king to sanction 
the passage of such a measure as it would lower the credit 
of the province, as a result of which its trade would greatly 
suffer.^ 

In May, 1731 the house informed the governor that, if 
those provisions of the various acts of emission, which re- 
lated to the redemption of the bills of credit, were punctually 

^ New Hampshire State Papers, vol. xviii, p. 25. 

"" Provincial Papers, vol. iv, pp. 516, 530, 550, 557. 57i, 572, 588, 761, 

"■Ibid., vol. iv, pp. 583, 667, 697, 772. 



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362 NEW HAMPSHIRE AS A ROYAL PROVINCE [544 

That Governor Belcher reahzed that something ought to 
be clone to bring relief is evident from his writings. Thus, 
in a communication sent to the Lords of Trade, requesting 
their Lordships' approval of a Massachusetts act, providing 
for the emission of bills of credit upon a foundation of gold 
and silver he said that, if the act met with their approval, 
he desired permission to issue bills upon the same basis in 
New Hampshire also, for the people there were in such 
distress for something to pass in lieu of money that with- 
out speedy help it would be almost impossible for that small 
province to support any trade at all.^ Because, however, of 
the confusion and embarrassment caused in trading circles 
in consequence of the repeated fluctuations of the circulat- 
ing medium and the general derangement of money values 
in the various colonies, the home government determined to 
remain firm. It therefore refused to yield to the demands 
which were constantly being made for permission to issue 
more paper money. 

When the lower house realized that there was no further 
prospect of favorable action being taken, it began to recede 
from the position which it had so long maintained, and an 
agreement at last seemed likely when a new question came 
to the front. This was the question of allowing the pro- 
vince agent in London a sum of money for his services. As 
the majority of the council were adherents and strict parti- 
sans of the governor, it refused to pay one who was doing 
his best to have Belcher removed from his position as gov- 
ernor of New Hampshire.- The house, on the other hand, 
would not pass the bill then before it, unless that particular 
item was included. No agreement, therefore, could be 

^Provincial Papers, vol. iv, p. 649. For the colonists' side of the 
case, see vol. iv, p. 834. 

"^ Ibid., vol. iv, pp. 662, 663, 6g8, 7C0, 71 x, 844. For the position taken 
by the two houses vi'ith reference to the agent, see supra,^^. 80, 248*?/ seq. 



545] FINANCE 363 

reached. Consequently the governor ordered a dissolution 
The next year another was summoned but, as the house 
again insisted upon inserting in the supply bill what had been 
objected against, a deadlock ensued and another dissolution 
was the result/ The following year writs were issued for 
the election of another assembly. In March, 1737 the newly 
elected delegates met in Portsmouth.^ In his opening ad- 
dress, Governor Belcher told the members that, as more than 
six years had elapsed since the passage of the last supply 
bill, the supply of the treasury demanded their first and 
principal care. " On my part," said he, " I shall be ready to 
fall in with everything you may lay before me for the pub- 
lic welfare and I wish there ma)'^ be no contentions this 
session among the several branches of the legislature, unless 
it be, which part shall most of all promote the honor of his 
Majesty's government and the best prosperity of his people 
under their care." In reply, the representatives assured him 
that that was exactly what they would strive to do. Soon 
their actions bore testimony to the truth of their assurances. 
A conciliatory spirit pervaded all parts of the legislature. 
In order to provide for the payment of the province charges, 
a bill was passed to issue £6500. yMthough £500 for the 
agent was included in this amount, still it was expressly 
stipulated that it should go towards reimbursing him only 
for the time and money he had expended in the affair of the 
province lines, which was a matter of prime importance to 
all the inhabitants of the province. Furthermore, £500 
more was to be used towards defraying the expense which 
the royal commissioners would incur in marking out the 
boundary line. As a fund for drawing in the bills, it was 
provided that a tax of £4000 should be levied and paid into 

^ Provincial Papers . vol. iv, pp. 700, 705. 7", 7'^^, Passim. 
^ Ibid., vol. iv, pp. 716, 722. 



364 ^^^ HAMPSHIRE AS A ROYAL PROVINCE [545 

the treasury by December 31st, 1741, and a tax for the 
balance levied and paid by the last day of the following year. 
After this bill had received the governor's approval, the 
house proposed that £3000 more should be struck off for the 
purpose of exchanging former bills of credit which were 
either broken or defaced or otherwise rendered useless 
— the old bills so redeemed to be burnt to ashes. After the 
governor and council had signified their approval, the house 
suggested that, inasmuch as it would cost but little more to 
strike off an additional £500, that sum should also be printed 
and lodged in the treasury unsigned until further order of 
the general assembly. As the governor and council ap- 
proved the suggestion, the £500 was impressed. After the 
lines had been run, the house sent up a vote to have the £500 
signed and used to defray some of the charges incident 
thereto but the council would not agree to it. Also, when 
the representatives wished to emit £1000 to enable the pro- 
vince to appeal from the decision of the commissioners, the 
council refused to concur, although it was provided that the 
bills should be redeemed in 1738 and 1739.^ In November, 
1738, the assembly was dissolved before the treasurer's ac- 
counts had been adjusted so that no supply bill for that year 
was passed." In February, 1740, Governor Belcher in- 
formed the two houses that, inasmuch as war had been de- 
clared against Spain, it ought to be their first care to have 
the public treasury well supplied, so that the frontiers by 
sea and land might be put in a posture of defence. At the 
same time, he pressed them to make proper provision for 
the discharge of the province debts and for the further sup- 
port of the government. In reply, the representatives pro- 
mised to do whatever they could in the premises but, as no 

^Provincial Papers, vol. iv, pp. 732, ^zz, 734, 748, 749, 750, 752, 756, 
822, 829, 832, passim. 

"^ Ibid., vol. V, pp. 9, 18, 59, 165, 167. 



547] FINANCE 365 

supply bill had been passed since 1737, they were afraid that, 
if they now made that ample supply which the governor 
recommended and emitted such a quantity of bills as was 
necessary for the purposes named, it would be an insupport- 
able burden to the people and would bring upon them a 
greater or more certain misery than that which they pre- 
tended to remedy, unless the period for the redemption of 
the bills extended beyond 1742, the time limit designated in 
the instructions/ They then referred to what previous as- 
semblies had done with respect to repairing the fort and de- 
clared that whenever the latter had refused to levy taxes 
upon the people because of the restrictions placed upon the 
issue of paper bills, they had " acted agreeable to the senti- 
ments of their constituents." - As they made no attempt, 
however, to raise any money, the governor again urged 
them to take some action in order that the fort, which was in 
a miserably poor condition and almost destitute of every 
thing requisite for its defence, might be repaired and sup- 
plied with men, powder and the necessary stores of war. 
But, the most they would do was to vote a sum, which, un- 
der the circumstances, was entirely inadequate. As for 
making any provision for the payment of the public debts 
and for the future support of the government, they did 
nothing. A vote, however, was passed for the appointment 
of a joint committee to address the king for the purpose not 
only of securing an extension of the time within which all 
the present bills of credit had to be redeemed, but also of ob- 
taining permission to emit such a further sum as the neces- 
sity of the province required. And, in order to insure the 
dispatch of such an address, it was stipulated that, if the 
council failed to give their concurrence to the vote, the com- 
mittee, named by the house, should prepare and forward 

^Provincial Papers, vol. v, pp. 11, 18. "^Ibid., vol. v, p. 19. 



366 ^EiV HAMPSHIRE AS A ROYAL PROVINCE [548 

one. Realizing that the representatives did not intend to 
raise such sums as were required, Governor Belcher re- 
solved to put an end to the assembly. Accordingly, he sent 
down a message, in which he said that, although they had 
already spun the session out to the length of two ordinary 
ones, no effectual steps had been taken to put the frontiers 
by sea and land in a posture of defence nor had they as much 
as attempted to discharge the just debts of the province or 
make any provision for the future support of the govern- 
ment. Under the circumstances, therefore, he deemed it 
his duty both to the king and to the people to order a dis- 
solution.^ 

The following summer, a new assembly was called to 
make the necessary arrangements for the expedition which 
the English government had projected against the Spanish 
possessions in the West Indies." From the answer made by 
the house to the governor's speech, it is evident that the 
relations between the governor and that branch of the legis- 
lature were not harmonious. Consequently, after they had 
passed a bill for the emission of £2700, the governor dis- 
solved them. In February, 1741, another assembly was 
summoned. In his first address to the delegates, the gov- 
ernor informed them that he had received two additional 
instructions, one respecting bills of credit and one respecting 
the execution of his Majesty's final determination of the 
boundary lines. With regard to the latter, he earnestly re- 
commended that provision be promptly made to defray the 
charges necessary to carry the king's orders into execution.^ 

^Provincial Papers, vol. v, p. 67. 

'^ Ibid., vol. V. pp. 30, 68, 69, 72. July, 1740; New Hampshire State 
Papers, vol. xviii. p. 103. 

^Ibid., vol. xviii, pp. 113, 115, 117; Provincial Papers, vol. v, pp. 28, 
595. Both provinces had appealed from the decision of the boundary 
line commissioners and the king finally decided the matter in favor of 
New Hampshire. 



549] FINANCE 367 

He then referred to the ruinous condition of the fort and 
to the necessity of putting it in a good state of defence and 
asked them also to consider the state of the treasury. The 
instruction concerning the bills of credit, which he laid be- 
fore them, simply strengthened and reinforced the previous 
instruction on that subject, in that it commanded the gov- 
ernor to observe " punctually and effectually," upon pain of 
his Majesty's highest displeasure and of removal from office, 
the instruction which forbade him to assent to the emission 
of any more bills of credit unless the required saving clause 
was inserted in the act. In commenting upon this ^ the 
representatives said that they regretted that the governor 
was under such restrictions and wished the king had been 
fully informed of their circumstances and knew how diffi- 
cult and almost impossible it was for them to do what was 
necessary for the defence of the province without the imme- 
diate emission of such bills. Though conscious that the 
only fort in the province was in a ruinous condition, they de- 
clared they were at a loss to know how to prevent it, inas- 
much as their paper currency could not be extended beyond 
the year 1742. However, they were willing to do all they 
could in their present condition. For the purpose, there- 
fore, of putting the fort in some sort of defence, they agreed 
to appropriate £500 towards its repair and £400 more to 
supply it with powder. As for the boundary lines, they 
were of the opinion that it was the business of the Massa- 
chusetts government to have the royal orders relating to 
that affair carried into execution at their own cost, but as 
the people of New Hampshire were particularly anxious to 
have the work done at once, they voted a supply of £500 for 
that service. Deeming this insufficient for the end in view, 
the governor pressed them to raise an additional sum. This, 

^ Provincial Papers , vol. v, p. 76. 



368 NEW HAMPSHIRE AS A ROYAL PROVINCE [550 

however, the representatives refused to do. For this reason 
and also because they had made no attempt to provide for 
the payment of the province debts or for the support of the 
government, the governor dissolved them.' Before another 
assembly met, Belcher was removed from both his govern- 
ments, being superseded in Massachusetts by William 
Shirley and in New Hampshire by Benning Wentworth. 

Now a word as to the import, excise and tonnage duties. 
As has been already noticed, the province, up to the year 
171 1, had always derived a revenue from the import, excise 
and tonnage duties, which had been first imposed by a tem- 
porary act of the legislature in 1692 and regularly revived 
with some slight alterations from year to year for almost 
two decades. In 171 1, the assembly continued, as usual, 
the excise and tonnage duties but did not revive the import 
duties.- In recommending the re-establishment of the im- 
post act the following spring Governor Dudley remarked that 
its abatement must have been a surprise to the authorities 
in England, as every nation imposed a duty on shipping and 
trade for the support of the government, in order to ease tlie 

^Provincial Papers, vol. v, pp. 30, 75, "jd, 79, 81, %6 passion; New 
Hampshire State Papers, vol. xviii, p. 123. The day before the disso- 
lution, the governor sent a message to the representatives in which he 
said that he had been " so great and so long a sufferer by the continued 
depreciation of the public bills of credit " that he was obliged to apply 
to them for relief. According to him, the loss in salary which he had 
sustained the first two years in consequence of the sinking credit of the 
paper currency was ^loo a year; the third year the depreciation 
amounted to £\dfi, and the following year it rose to ;^200, while since 
that time it had equaled ;^450 a year. These figures are interesting in 
that they show how great the depreciation of the paper money was. 
Although the act settling the salary stipulated that he should receive 
;^6oo in bills of credit or ^200 sterling, the assembly refused to allow 
him anything for the depreciation on the ground that nothing was said 
in the vote settling the salary, respecting either the rise or fall of 
money. See Proi'iticial Papers, vol. v, pp. 84, 85. 

"^ Ibid., vol. iii, p. 505; A>c£' Hampshire State Papers, vol. xix, p. 26. 



551] FINANCE 369 

land tax which was always heavy upon the country. The 
house/ however, voted as before in favor of a free port, 
whereupon the council took leave to represent to the gov- 
ernor its willingness to come into any act for the establish- 
ment of a just import duty upon the trade of the province as 
had been the custom of the province in the past and was now 
the practice in all the other colonies. In the fall, the governor 
again pressed them to establish a duty, but the representa- 
tives again voted in favor of a free port." The following 
July, Dudley again recommended the revival of the duty, 
saying that " there is no colony or government belonging to 
the crown of Great Britain that pretends to an open port or 
that does not bring in the trade and merchandize of their 
province to aid the land tax for the payment of the heavy 
charges of the war, which is as needful in this province as in 
any other of her Majesty's governments, the neglect and in- 
equality whereof will, I fear, justly offend her Majesty as 
well as disturb the other governments on the shore of 
America." But the representatives again refused to establish 
an import duty, though voting as usual to continue the other 
duties.^ In May, 17 14, the governor again recommended 
a duty and at the same time pressed them to farm out the 
excise or otherwise dispose of it so that it might be of some 
service to the province. In addition to continuing the other 
duties as was usual, the assembly now passed an act, levying 
import duties on rum, wine, sugar, molasses and tobacco, 
and an export duty on lumber. As Massachusetts took of- 
fence at the last-named duty, the assembly promptly notified 
the collector to stop collecting it, and, when the act was 

^Provincial Papers, vol. iii, pp. 511, 518; New Hampshire State 
Papers, vol. xix, p. 31. 

"^ Ibid., vol. xix, p. 38. October, 1712; Provincial Papers, vol. iii, 
p. 540. 

^ Ibid. , vol. iii, pp. 540, 552; Ne7v Hampshire State Papers, \o\. xix, p. 44. 



370 NEW HAMPSHIRE AS A ROYAL PROVINCE [55^ 

revived the next summer for another year, it voted to repeal 
that section of the act. At the same time the excise was or- 
dered to be farmed out by the treasurer, assisted by a com- 
mittee of the two houses/ 

In May, 171 6, the house refused to pass any impost act 
but voted as usual to continue the excise duties for another 
year. In consequence of this Lieutenant Governor Vaughan 
dissolved the assembly. When another was called in Au- 
gust he told the members that the occasion of dissolving 
the last assembly was very distasteful to him but it was his 
particular duty not to suffer the revenues of the crown to 
be lessened. He therefore urged them to adopt an import 
duty. In reply, however, the representatives expressed 
themselves in favor of having the expenses of the govern- 
ment defrayed by a tax on the polls and estates.^ 

Soon after Governor Shute entered upon the government, 
the house voted to impose import duties on liquors and on 
European goods but the council refused to concur unless an 
export duty was laid on lumber.^ In 17 18. the governor 
pressed the representatives to levy a duty, but the lat- 
later in reply said that they thought the charges of the 
government were more easily defrayed by a tax upon the 
polls and estates and that it was greatly in the interest of the 
people to have a free port. Accordingly no impost act was 
passed, but as usual the excise was continued another year 
and a committee of the two houses was appointed to farm 
it out. * 

In July, 1 72 1, an act was passed levying import and ex- 

^ Provincial Papers , vol. iii, pp. 554, 571, 581 < 5^7- 
"-Ibid., vol. iii, pp. 644, 645, 649, 651; New Hampshire State Papers, 
vol. xix, p. 91. 

^Provincial Papers, vol. iii, pp. 662, 663, 665, 678. January, 1717. 
*Ibid., vol. iii, pp. 686, 725. 



553] FINANCE 37J 

cise duties on wines and liquors and an export duty on. 
boards and on merchantable fish sent to the other colonies. 
As the General Court of Massachusetts considered some of 
the provisions of this act injurious to that colony, it passed 
an act imposing severe and uncommon duties on provisions 
and all kinds of wares and merchandise coming from or 
destined for New Hampshire. As the execution of the 
latter act would prove very detrimental to the interests of 
the smaller province, the New Hampshire assembly in Sep- 
tember voted to repeal their act in so far as the import duties 
on liquor and the export duties on lumber were concerned, 
provided the General Court of Massachusetts at its next 
session repealed its act and several other acts which were 
particularly injurious to the trade and shipping of New 
Hampshire.^ In December, the assembly further postponed 
the execution of the act in so far as it concerned Massachu- 
setts until the following March in the hope that the latter 
government would repeal the oppressive duties complained 
of. The following May,- the operation of the act was 
further suspended until Massachusetts put in force the act 
which was aimed against New Hampshire. As the import 
and export duties were now dropped, the only indirect re- 
venue was obtained from the excise duties. The latter con- 
tinued to be collected with some alterations and additions, 
throughout the provincial period. Instead, however, of be- 
ing revived for only one year as was usually the custom in 
the past, they were generally enforced, from this time on, by 
terms of years. ^ In like manner, the excise was usually 
farmed out to the highest bidder by a committee of the two 
houses, sometimes for one year and sometimes for a num- 

^ Provincial Papers, vol. iii, pp. 819, 827, 837; New Hampshire State 
Papers, vol. xix, p. 159. 

^Provincial Papers, vol. iii, p. 837; vol. iv, p. 28. 
^Ibid., vol. iv, pp. 120, 368, 410, 619, passim. 



^572 NE^y HAMPSHIRE AS A ROYAL PROVINCE [5-^ 

ber of years/ In 1752, the house proposed that the pro- 
vince should be divided into a certain number of excise dis- 
tricts, for each of which there should be a collector who was 
to be under bond to the speaker of the house, but, as the 
governor did not favor the scheme, the vote was not ap- 
proved." In 1 76 1, the governor refused to assent to the 
excise bill proposed by the house, on the ground that it de- 
prived him of the power of appointing the persons who were 
to farm it out, thus infringing upon the power which the 
Crown possessed of appointing all officers of the royal re- 
venues. After the accession of the last royal governor in 
1767, the excise was regularly farmed out for periods of 
one year by a joint committee of the two houses to receivers 
who were appointed by them but commissioned by the gov- 
ernor to make a faithful collection of the same.^ 

In January, 1742, the first assembly that met under Gov- 
ernor Benning Wentworth convened in Portsmouth.'* In 
his first speech to the assembled delegates, the new governor 
referred to the complete separation of the two governments 
as an event which, if rightly improved, would be a lasting 
advantage to the province and a means both of replenishing 
their towns with people and of extending and enlarging their 
commerce. Furthermore, he told them that he regarded the 
king's determination of the tedious boundary dispute, 
" which had subsisted in one shape or another upwards of 

^Provincial Papers, vol. iv, pp. 184, 548, 619, 691. passim. 

''■Ibid., vol. vi, p. 140. 

^ Ibid., vol. vii, pp. 139, 247, 263. The governor commissioned the 
receivers so as to avoid in appearance the infringement of the preroga- 
tive. The excise was sold in three divisions. In 1770, the excise 
brought ^630; in 1772, it brought £^2>A', back in 1730, it brought .^396. 
Ibid., vol. vii, pp. 261, 303, 533. 

^Tbid.. vol. V, pp. 135, 136. Wentworth entered upon the govern- 
ment in December, 1741. 



555] FINANCE 373 

three score years," as the highest instance of that paternal 
care which his Majesty always extended to his subjects 
" though ever so remotely placed." Moreover, he de- 
clared that, in consequence of their dutiful behavior to the 
king, they were now beginning to reap the fruits of their 
past obedience. He then expressed himself as highly 
pleased " that the public faith had been so religiously kept in 
regard to the emissions of paper money and that agreeable 
to the several periods provided for by acts of government 
all former emissions will be complied with in the year 1742 ;" 
and " this," he went on to say, " is a fortunate circumstance 
in favor of the province, more particularly as the state of 
the paper currency in all the plantations is now under a 
parliamentary consideration." Pursuant to the king's com- 
mands, he then recommended that provision be made for the 
support of the government and that a suitable salary be 
settled on him in sterling or proclamation money, that there 
might be no variation or depreciation in the value of the 
sum allowed. x\nd that they might be the better able to 
comply with their obligations to the Crown, he said that he 
had the king's permission to consent to a further emission 
of paper bills, provided it could be effected without preju- 
dice to British trade. He then asked them to provide for 
the supply of the fort and for the discharge of the province 
debts, and also called upon them to reward their agent in 
England and reimburse those who had expended consider- 
able sums in the past in defending the province against the 
claims of Massachusetts.^ 

^ Provincial Papers, vol. v, pp. 12, 45, 136, 137, 140. While the par- 
liamentary investigation was under way, Secretary Waldron, probably 
in reply to inquiries from the English government, certified that be- 
tween the years 1709 and 1737 inclusive there had been emitted in bills 
of credit .1^56,384, all of which had been drawn in, redeemed and burnt 
except ^10,576 : 16, which was to be paid by taxes upon the polls and 



374 ^^^^ HAMPSHIRE AS A ROYAL PROVINCE [556 

After heartily concurring in the sentiments expressed by 
the governor with reference to the present manifestations 
of his Majesty's royal favor, the representatives declared 
that the appointment from among the inhabitants of a per- 
son as governor " who stands in a kind of natural relation 
to them, whose interest is blended with theirs and who is 
prompted by many motives besides natural inclination to 
promote their welfare," called for their particular acknowl- 
edgments. As for settling a salary upon the executive and 
providing for the other matters recommended, they would 
consider all those questions very carefully and do all that 
it was in their power to do concerning them.^ 

After learning that the governor could emit £6000 in 
bills of credit for the support of the government, the ques- 
tion of the value which such bills should bear to other money 
was debated in the house. As a result of the discussion, it 
was decided that they should be made in value equal to a 
specified amount of silver. Hitherto, bills of credit had 
been made " in value equal to money." According to the 
standard now agreed upon, every bill of 6s. 8d. was to be 
regarded as equal in ^•alue to one ounce troy weight of 
coined silver of sterling alloy. Furthermore, it was agreed 
that one of the new bills should be equivalent to four of those 
heretofore issued." The latter then came to be known as 
old tenor bills, while the former were called new tenor bills 
and were equal in value to what was known as proclamation 
money. In emitting such bills. New Hampshire but fol- 

estates in 1741 and 1742. and about £2000 of the ^15,000 loan. Add to 
the ^56,384 the bills which had been emitted since 1737 and the total 
amount issued up to Benning Wentvvorth's arrival would be around 
/6o,oco. He also said that ^75 New Hampshire currency was equal to 
£1^ sterling. 

^Provincial Papers, vol. v, p. 138. 

-Ibid., vol. V, pp. 142, 145, 154. 157. 162, 176. 531, 619, 621. 



557] FINANCE 375 

lowed in the wake of Massachusetts, which had commenced 
the issue of the new tenor bills some time before this. 

Although the sum required to discharge the province 
debts and provide for the immediate supply of the treasury 
amounted to but £4,720, the house desired to emit at once 
the entire sum allowed in the instructions, stipulating that 
the £1,280, which was not then needed, should be put into the 
treasury and left unsigned until disposed of as the general 
assembly should order. As the governor, however, refused 
to consent to the issue of any more money than was actually 
needed for the purposes mentioned, only £4720 was emitted.^ 
As was the case with the previous bills, the new bills were 
to be redeemed by levying taxes upon the polls and estates. 
According to the provisions of the act of emission, these 
taxes were to be collected in instalments beginning with the 
year 1744 and ending with the year 1749 and could be paid 
" in commodities of the produce or manufactures of this 
province." ' 

Later, when the act was being considered by the Board 
of Trade, objection was made to this clause on the ground 
that the payment of the taxes for the redemption of the 
bills in such commodities might cause an annual deficiency. 
As the sum emitted, however, did not amount to that al- 
lowed in the instructions for the current service of the pro- 
vince and as provision was made in the act for making good 

^Provincial Papers, vol. v, pp. 159, 615, 619, 629; Ne7u Hampshire 
State Papers, vol. xviii, p. 146. 

^ Provincial Papers , vol. v, pp. 213, 622, 684. These commodities or 
species designated in the act were silver, gold, hemp, flax, cod fish, 
merchantable bar iron, Indian corn, rye, wheat, barley, peas, pork, 
beef, merchantable white-pine boards, beeswax, bayberry wax, tallow 
and tanned sole leather. These commodities were to be rated each year 
by the general assembly. In later acts of emission it was provided that 
the bills then issued might be redeemed in the same way. 



376 NEIV HAMPSHIRE AS A ROYAL PROVINCE [5^8 

any deficiency, the Board concluded to recommend that the 
bill be approved. Accordingly, the king signed it/ 

In order to support the credit of the new bills and ensure 
their circulation at the value decided upon, an act was 
passed,- imposing a severe penalty upon any who should 
willingly give, contract or offer to give or receive more than 
six shillings and eight pence in said bills for one ounce of 
coined silver of sterling alloy. At the same time, however, 
the general assembly reserved to itself the right to settle the 
value of the bills once a year. 

As the money, authorized for the supply of the treasury, 
would be " utterly insufficient " to repair the fort, build block 
houses and do sundry other things that were absolutely 
necessary for the present defence of the government, the 
representatives proposed to emit a large sum on loan. 
Furthermore, they said that if such a sum was emitted they 
would be a1)le to grant the governor a more honorable sup- 
port than their present circumstances would permit. Ac- 
cording to the act " which was then drawn up, the amount to 
be emitted was £25,000 in new tenor bills, all of which was 
to be let out for a term of ten years at 6% to the various 
towns in proportion to the amount which each paid into the 
treasury towards defraying the province charges. Further- 
more, it was provided that the principal should be called in 
at different periods, the last ending in 1752, and that land 
should be given as security for the money received by the 
borrowers. As for the interest arising from the loan it 
was stipulated that it should be used to pay part of the gov- 
ernor's salary, to repair and erect forts, to build a state 

'^ New Hampshire State Papers, vol. xviii, p. 146; Provincial Papers, 
vol. V, p. 654. 

^Ibid., vol. V, pp. 531, 620. 

* Ibid., vol. V, p. 152: Ne7v Hampshire State Papers, vol. xviii, p. 147. 



559] FINANCE 377 

house, to cut roads, to establish a light-house, to repair 
the prison and to provide for other public charges. 

After considerable discussion, the house agreed to give the 
governor a salary of £500 a year in proclamation money or 
in bills of credit equivalent thereto — the money to be obtained 
in equal portions from two funds/ That which came out of 
the excise was to be paid annually during the entire time of 
his administration, while that which came from the interest. 
derived from the emission of the money on loan, was to 
be paid annually only as long as the act continued in force. 
In addition to this," the governor received out of the money 
that was formerly emitted for the expedition against the 
Spaniards in the West Indies £500 (the equivalent of £125 
new tenor) as a present to help defray the charge he had 
been at in coming to the government, while, to induce him 
the more readily to assent to the acts settling his salary, the 
assembly provided that, if he approved the acts in question, 
he should be presented with £125 new tenor. Furthermore, 
the equivalent of £25 new tenor was given him for a year's 
house rent. As for the colony's agent in England,^ he re- 
ceived the thanks of the government " for the unwearied 
pains and difficulty " to which he had subjected himself 
in prosecuting and defending their cause at the various 
boards in Great Britain and £100 sterling with the prom- 
ise of a more ample reward when the province was in 
a position to pay it. 

Some time after the session closed. Wentworth sent a 
letter to the Board of Trade * in which he said that, as the 

^Provincial Papers, vol. v, pp. 153, 160; A'ew Hampshire State 
Papers, vol. xviii, p. 141. 
"^ Provincial Papers , vol. v, pp. 143, 623. 
' Ibid., vol. V, p. 625. 
* New Hampshire State Papers, vol. xviii. p. 140. 



378 NE^ HAMPSHIRE AS A ROYAL PROVINCE [360 

bill for the emission of £25,000 on loan was of an extra- 
ordinary nature, he had assented to it with a saving clause, 
deferring its execution until the king had signified his 
approbation of the measure. '* What I have to offer to your 
Lordships on the act," he went on to say, " is that the money 
is put on a more certain footing in respect to its fluctuating 
than any former emissions and that no merchant trading 
to this province from Great Britain can in any shape be pre- 
judiced, should it fall in value, which I don't conceive will 
ever be the case." As the province was in a very naked and 
defenceless condition and hardly had the appearance of a 
king's government, " being destitute of a house for the gen- 
eral assembly or for the governor," at least £20.000 pro- 
vincial currency would, he declared, be required to put it in 
a proper state of defence, build such block houses as were 
requisite for the defence of the infant settlements and cut 
such roads to and from the frontiers as were absolutely 
necessary. But it would be impossible, he said, to raise 
such an amount on the polls and estates, which was the only 
method they had of raising public money, and though the 
people are ready and willing to grant a handsome support 
to the king's governor, yet considering the present debts, 
they are not able to do so. For these reasons, he hoped the 
Board would " be moved compassionately to consider the 
case of the province in their present situation and give coun- 
tenance to this act in such manner as in your Lordship's 
wisdom may seem most for his Majesty's honor and the 
welfare of this province," for on this act, he assured them, 
depended in great measure the future prosperity of the 
country. 

AJter taking the act under consideration, their Lordships 
came to the conclusion ^ that they could not lay the same be- 

^ New Hampshire State Papers, vol. xviii, p. 147. February, 1743. 



56l] FINANCE 379 

fore the king for approval, because it would create a paper 
currency much more extensive than was allowed in the 
royal instructions. Nothwithstanding this, however, they 
thought themselves obliged to say that the principal mer- 
chants trading to the province were of the opinion that the 
sum of £25,000 would be no more than what was absolutely 
necessary to carry on the trade and business of the colony 
and would be the best means of preventing the base paper 
currency of the other provinces from becoming the medium 
of trade in New Hampshire. Moreover, they did not think 
that the distant periods fixed for calling in the bills, or any 
other matters contained in the act, could be prejudicial to 
their interests, inasmuch as another act for ascertaining the 
value of money and bills of credit would remove the evil, 
which had hitherto arisen from the use of New England 
paper currency, in that it secured to creditors the true value 
of their just debts. Furthermore, they thought that the 
speedy emission of such a sum was absolutely necessary not 
only for the entire trade and commerce of the province but 
also for the security of the country and the valuable ships 
constantly trading there for masts, yards and bowsprits for 
the royal navy. 

Although somewhat discouraged, the agent for the prov- 
ince in England still hoped the bill would not miscarry and 
immediately bent all his energy to secure the royal appro- 
bation of the measure. In this he was successful, for four 
months later the act was approved by the king.^ As the 
general assembly had already appointed a committee of the 
two houses to act as trustees in managing the money from 
the loan, the latter now proceeded to let it out, and from a 
memorandum filed by the chairman of the committee, it ap- 

1 AVzf Hampshire State Papers, vol. xviii. p. 148; Provincial Papers, 
vol. V, p. 65^4. 



380 -^'£ff'' HAMPSHIRE AS A ROYAL PROVINCE [562 

pears that the money was distributed among 427 persons 
in sums varying from £25 to £200.^ 

In 1743, ^vlassachusetts proposed that all the New Eng- 
land governments should appoint commissioners to consider 
the means necessary to prevent any further depreciation of 
the bills of credit and to agree upon some joint action for 
doing away with them entirely. As the other governments, 
however, failed to appoint conimissioners, nothing was 
done.- 

Late the following spring, word was received that Eng- 
land had declared war against France. This necessitated 
the sum.moning of the legislature in special session, for, al- 
though the rupture between the two countries had been ex- 
pected for some time past and the home government had 
even issued orders, directing that the country should be put 
in a posture of defence, still no effectual steps had been 
taken to secure the province from attack/ As it was prob- 
able that the Indians would begin hostilities along the fron- 
tier at any moment, the need of immediate action was ap- 
parent. Accordingly, to meet the situation.^ 200 men were 
ordered raised immediately to cover the frontier and, in 
case the governor should declare war against the Indians, 
it was provided that a reward of £50 should be offered for 
every Indian captured and for every scalp brought in by 
such volunteers as were specially commissioned by the exe- 

^Nezv Hampshire State Papers, vol. xviii, p. igo; Prcvincial Papers, 
vol. V. p. 160. 

*Felt. Massachusetts Currency, p. 115; Pj-ovmcial Papers, vol. v, pp. 
20g. 670. 672. passim. During the fourth session of the assembly which 
ended Sept. 28, 1743, two small supply bills were passed, one for £zoo 
and one for ^980. 

^ Proviticia I Papers, vol. v. pp. 96. 265. 709. 710. May, 1744. King 
George's War. 

*Ibid.. vol. v, pp. 711. 712. 



563] FINANCE 381 

cutive to seek out the enemy. At the next regular ses- 
sion, the governor called upon the representatives to provide 
the necessary funds and to make such preparations as would 
enable him to prosecute the war with vigor. At the same 
time, he declared it would be of the greatest importance dur- 
ing the war to have a fund lodged in the treasury to pro- 
vide for such emergencies as might arise during the recess 
of the legislature. To meet the many demands which 
the war would make upon the treasury, the house proposed 
that more money should be emitted, but to this the governor 
would not agree, for his instructions were against it. There- 
upon a committee of the two houses was appointed to con- 
vince him of the necessitv of emitting more monev for the 
actual defence of the province. Furthermore, the members 
of the committee were commanded to estimate the sum 
which would be required to meet all demands for the next 
six months. According to the report they presented, £10,- 
000 at least was necessary to carry on the war and repair 
the fortifications. In addition to this, the ordinary charges 
of the governm.ent had to be met. As there was no money 
in the treasury, they said they could see no way to support 
the honor or the very being of the province, unless the gov- 
ernor could be prevailed upon to grant an emission of paper 
bills sufficient simply for the necessary and unforeseen ex- 
traordinary expenses. As for the instruction forbidding the 
emission of paper money, they conceived that was calculated 
for the good of the province in time of peace. For, to give 
it no greater latitude in construction in time of war than 
barely the letter, must unavoidably prove the utter ruin of 
the province, which they were sure could never be the 
king's intentions. Thereupon, the representatives informed 
the governor ^ that, if no money could be emitted, they would 

^Provincial Papers, vol. v, pp. 236, 238, 241, 713, passion. 



382 NEW HAMPSHIRE AS A ROYAL PROVINCE [564 

not be able to maintain the frontiers, but must call in the 
same and put themselves in as good a posture of defence 
as their circumstances would allow. The following day 
Wentworth sent down a message stating that he was ready 
to assent to a further emission of paper money, sufficient 
to answer the present extraordinary emergency, provided 
they made " an actual undeniable fund for drawing in the 
same," and the amount did not exceed £10,000. There- 
upon the house proposed that £7500 should be drawn in by 
a tax on the polls and estates and £2500 should be redeemed 
out of the interest arising from the £25,000 loan. The 
proposal, however, to use a revenue of the government as a 
fund for the redemption of the bills, the governor declared ^ 
he could not assent to. Furthermore, he told the house that, 
inasmuch as the emission of the bills would be a direct vio- 
lation of his instructions, he expected, before giving his as- 
sent to the act, that the two houses would join in appointing 
a committee, both to inform their agent in England of the 
necessity he had been under in acting in violation of the 
royal orders and to instruct him to use his best offices to 
" take off or prevent any censure " that he, the governor, 
might be subjected to. Moreover, as the demands of the 
war would necessitate from time to time the emission of 
further sums of paper bills, he thought the committee should 
also direct the agent to apply at the proper offices with the 
view of obtaining leave for the issue of such further sums 
as might be found necessary during the continuance of the 
war. for unless such license was obtained, he assured them, 
he would not be able to help them in the future, however 
urgent the necessity might be. Thereupon a committee of 
the house was appointed to confer with the governor upon 
the reasonableness and sufficiency of the fund which had been 

^Provincial Papers, vol. v, p. 242. 



565] FINANCE 383 

suggested, and a message was drawn up in which they argued 
that such a fund was a real and substantial one, fully suffi- 
cient to answer to all intents and purposes the end proposed. 
Furthermore, they declared that, as it was their business to 
avoid bringing insuperable burdens upon their constituents, 
it was nothing but a sense of duty in that regard which pre- 
vented them from fully concurring with him in the point 
under debate. As for what had been urged respecting the 
violation of the instruction, they were of the opinion that 
his excellency could not possibly incur the royal displeasure 
through waving it at the present time. In fact, they be- 
lieved he would be acting in conformity to what his Majesty 
had already approved. " But," they continued, " if there 
was any danger in the case to your excellency, there is no 
doubt but the house and their successors will be always 
ready to pursue all necessary measures for the safety and 
interest of a government that should risk anything for the 
good of the people they represent." For these reasons, 
therefore, they were determined to adhere firmly to the 
propositions already made.^ As the governor could not see 
the matter in that light, the bill failed to pass. A vote, how- 
ever, which had passed the assembly some time before, grant- 
ing £5500 for the purposes of the war, his excellency assented 
to upon condition that the act, providing for the emission of 
the money, contained a saving clause suspending its execution 
until the king's pleasure was known. As the assembly, 
however, was averse to passing the act with a saving 
clause attached to it, and Governor Shirley of Massachusetts 
strongly advised the governor not to approve it in any other 
form, the matter was dropped.^ In order to provide for 
the payment of the ordinary debts of the province, an act 

^ Provincial Papers, vol. v, pp. 2A,:s^ -45- 

"^ Ibid., vol. V. p. 252; Nezv Hampshire State Papers, vol. xviii, p. 211. 



384 ^^^'^^ HAMPSHIRE AS A ROYAL PROVINCE [^66 

was passed, levying a tax of £1000 upon the polls and es- 
tates, and as money was needed immediately for the repair 
of the fort, £450 was borrowed from sundry persons and 
an act passed providing for the repayment of the same out 
of the interest arising from the £25,000 loan.^ An act for 
granting his Majesty £786: 13: 4 was also approved by the 
governor. 

With the view of clearing the way for the future, the 
governor in October sent the representatives a message, re- 
commending that they address the king for men or for per- 
mission to emit more bills of credit or for both these things, 
as they judged proper.- But it does not appear from the 
records that they took any action in the matter, notwith- 
standing the fact that his excellency pressed theni to proceed 
upon what he had recommended without taking any other 
question under consideration. 

In January, 1745,^ the operation of the triennial act 
forced the governor to dissolve the assembly. Conse- 
(juently another had to be called to make the necessary pre- 
parations for the ensuing year. In his first speech to the 
new members, Wentworth said that as it was more immedi- 
ately their province to take such action as would enable him 
effectually to carry into execution the royal commands for 
the defence of the country, he expected they would proceed 
without the least delay, for the province was " naked and al- 
most defenceless " and the season was approaching when an 
attack might be expected both by land and sea. At the 
same time, he laid before them several papers of importance, 
among which was the report of the General Court of Massa- 
chusetts relating to an expedition against Louisburg and a 
letter from Governor Shirley pertaining to the same enter- 

^ Provincial Papers, vol. v, pp. 245. 249, 720, 729, 730. 

''rbi(f.. vol. V, p. 724. ^Ibid., vol. v, p. 728. 



567] FINANCE 385 

prise. In reply, the representatives assured his excellency 
that it was their intention " to give all the dispatch in their 
power to the public affairs without suffering any private 
business to give the least interruption thereto, and to pro- 
ceed first upon those matters that are of the greatest im- 
portance." ^ Accordingly a committee was appointed to 
join a committee of the other house for the purpose of con- 
sidering the question of taking part in the proposed expedi- 
tion. After considering the project, the joint committee 
reported that it was incumbent upon the province to do 
everything possible to forward and encourage the undertak- 
ing. They, therefore, proposed that 250 volunteers should 
be raised, provided some method could be devised to defray 
the charge, which they estimated would be £4000. The re- 
port being approved by the house, the latter passed a vote to 
emit £10,000 — to be used not only to defray the cost of the 
expedition but to provide for the defence of the province 
and for the support of the government. And, as a fund 
for the redemption of the bills, they proposed that a tax 
should be levied upon the inhabitants in ten equal instal- 
ments, beginning with the year 1756. To this vote the 
councillors made two objections. In the first place, they 
said that the vote should contain nothing but what would 
make it appear that the money was emitted for the purpose 
of carrying into execution the expedition against Louisburg. 
In the second place, they thought that the time for calling 
in the bills should commence with the year 1751. In an- 
swer to these objections, the representatives said, that as it 
would be dishonorable in them to pass any vote or bill but 
one that plainly showed on its face what they intended, they 
could not consent to the emission of the money unless the 
uses to which it was to be put were clearly expressed. 

^ Proviiicial Papers, vol. v, pp. 265. 266, 268. 



386 NEW HAMPSHIRE AS A ROYAL PROVINCE [^68 

Furthermore, they could not agree to have the period for 
drawing in the bills begin in 1751, because it would put upon 
the people an insupportable burden. Thereupon, the gov- 
ernor observed that as he had no instruction to support him 
in assenting to the emission of any more money, he would 
'' necessarily incur his Majesty's highest displeasure, if the 
support of the government or any other affair should be 
included or even presumed in the said bill." The following 
day, the members of the lower house sent the governor a 
message, in which they said that, for all the council and his 
excellency proposed for the defence of the province, the lat- 
ter would remain in the same naked and defenceless state as 
it was then in. " Does your excellency think," they con- 
tinued, " it would be for the honor of his Majesty and the 
safety of his people in this province to leave the province 
in such a naked and defenceless state as your excellency is 
pleased to represent it in, and at a season when your excel- 
lency justly observes we may expect to be attacked by land 
and sea, to send 250 of our best men (when we can barely 
spare them) on an expedition abroad and make no manner 
of provision for the defence of his Majesty's government at 
home? The house are surprised thereat and think this 
would be a high breach of the trust reposed in them and a 
great dishonor to his Majesty, to leave his province in so 
naked and defenceless a state, and really think it is a sure 
way to gain his Majesty's displeasure," especially as the 
royal orders so strongly require that it be put in the best 
posture of defence. They, therefore, hoped that on further 
consideration he would see fit to give his assent to their vote. 
Immediately afterwards, the council amended the vote by 
providing that nothing should be said in it except that the 
money was intended for the service of the expedition, for 
annoying and distressing his Majesty's enemies and for de- 
fending and safeguarding the inhabitants. Furthermore, 



569] FINANCE 387 

that body stipulated that the periods for bringing in the 
money should commence in 1751. With these conditions, 
the governor also declared himself satisfied. Finally the 
house gave way and agreed to accept the conditions imposed 
by the governor and council/ But, now, the governor hesi- 
tated. Although the desire to give life to the expedition 
would, he said," lead him to overlook small difficulties, the 
violence he had to offer to his instructions, the uncertainty 
whether the grant of 250 men would take effect unless the 
number was increased to a small regiment under field officers 
of their own, and the distant periods set for the redemption 
of the bills, made the difficulties so great that he wished them 
to increase the number of men to a small regiment and 
shorten the periods or else give in their reasons for not do- 
ing so. Furthermore, he desired to know whether they 
could not find any other way of defraying the necessary 
charges. In reply,^ the representatives said the amended 
vote conformed exactly to the conditions which he assured 
them he would consent to. As for the additional number of 
men suggested, they declared that provision might have 
been made for them, had the matter been proposed earlier 
but, inasmuch as so much time had been spent in bringing 
the present vote forward and the actual preparations for the 
expedition would only be delayed by making any alterations 
now, they prayed him to assent to the vote as it stood, after 
which another could be prepared for an increase in the num- 
ber of volunteers. Moreover, as the inhabitants were in 
very distressed circumstances in consequence of the war, and 
the taxes were exceedingly heavy, they knew of no other 
way to raise money for the expedition and could not, under 
the circumstances, shorten the periods for bringing in the 

^Provincial Papers, vol. v, pp. 269, 276, 278, 279, 281, 282, 286. 
^ Ibid., vol. V, p. 288. ^ Ibid., vol. v, p. 289. 



388 ^^'EJV HAMPSHIRE AS A ROYAL PROVINCE [-70 

bills. Upon desiring to know the number of men whom the 
representatives proposed to raise and the manner in which 
they were to be provided for/ the governor was informed 
that the house thought of raising between four and five hun- 
dred men in all and intended to provide for the additional 
charge thus incurred by emitting a further sum in bills of 
credit. Being requested to send up a resolve on the subject 
the house appointed a committee to tell the governor that, if 
he would consent to put off the period for the redemption of 
the bills until after 1760, they would vote two hundred 
volunteers more than had already been granted, but, if he 
would not consent to that, they were resolved to grant but 
one hundred more. As the governor refused to postpone 
the repayment of the bills to so distant a period,- only one 
hundred additional volunteers were raised while, to defray 
the additional charge thereby incurred, a vote was passed 
for the emission of £3000. Although Governor Shirley had 
expressed the opinion ^ that the governor would not run any 
risk of being censured at home by assenting to the emission 
of bills of credit to be used for the service of the expedition, 
still Governor Wentworth hesitated. And, before giving 
his assent to the vote for the emission of £10,000,* he asked 
the council whether they would advise him to approve it, in 
view of the fact that his instructions were against it. After 
some debate, the latter resolved unanimously in favor of the 
governor approving the vote. Accordingly, it was ap- 
proved and immediately afterwards the one for emitting 
£3000 was also assented to. Thus, the sum of £13,000 in 
bills of credit was secured for the purposes of the war.'' 
As it was necessary to keep the troops in service longer 

'^Provincial Papers, vol. v, pp. 290. 740. "^ Ibid., vol. v, p. 291. 

'^ Ibid., vol. V, p. 933. ^ Ibid., vol. v, p. 739. 

^ Ibid., vol. V, pp. 291, 296, 740, 742. 



571] FINANCE 389 

than was at first anticipated and an augmentation of the 
force was required, the two houses in June agreed to raise 
another hundred men and resolved to emit £6000 to meet the 
additional expense incurred. As the governor regarded 
the reduction of the French stronghold as a matter of the 
greatest importance to the Crown, he assented to the bill 
in full confidence that the house would join the council in 
desiring the agent to implore the king, in case any censure 
or aspersion should be cast upon his conduct, to excuse it, 
and make it appear that it was the earnest desire of the 
house upon so extraordinary an emergency. A vote to that 
effect was accordingly passed.^ 

As it was found necessary at the close of the summer for 
the colonies to keep a strong garrison at Louisburg during 
the following winter in order to maintain what had been al- 
ready gained, provision had to be made for the support of 
the quota which New Hampshire was called upon to fur- 
nish. Furthermore, measures had to be taken to secure the 
province from attack and provide for a vigorous campaign 
against the Indians, against whom the governor had de- 
clared war. Then, too, the expense hitherto incurred in the 
undertaking against Louisburg had greatly exceeded the 
sum granted by the legislature. As it was impossible to 
raise sufficient money for these purposes except by the issue 
of more bills of credit, the house voted to emit £12,000,'' 
the redemption of which was to be secured by a tax, levied 
in twelve annual instalments, beginning with the year 1761. 
As the council was unanimously of the opinion that the time 
for the redemption of the bills was too distant, the house 

^Provincial Papers, vol. v, pp. Z2,3^ 336, 338, 349, 387, 7S8, 7(^7', vol. 
vi, p. 224. June, 1745. The /'6000 was to be repaid in six annual in- 
stalments beginning Dec, 1761. 

^ Ibid., vol. V, p. 277- September, 1745. 



390 NEW HAMPSHIRE AS A ROYAL PROVINCE [572 

finally agreed to emit the money upon condition that the 
time for repaying it was extended but three years beyond 
the time set in the previous act. Thereupon, the councillors 
declared that they would agree to the proposal, provided the 
money was used for the purposes of the expedition only. 
As the representatives, however, were not willing to strike 
so large a sum for that purpose, they sent up a new resolu- 
tion proposing an issue of £8000 to defray the unprovided 
charges of the expedition and to support the men who were 
to remain in garrison at Louisburg. Furthermore, they 
stipulated that the money should be redeemed in four equal 
instalments from and after 1762, unless the king should 
reimburse them, in which case the money received from the 
Crown was to be used as a fund for the immediate redemp- 
tion of the bills. As this was acceptable to the governor, 
the necessary bill was quickly drawn and approved. There- 
upon, the house resolved that a committee should prepare an 
address to the king similar to that proposed the previous 
June. In addition they desired to solicit his Majesty for a 
reimbursement of the great expense they had incurred in the 
campaign against Louisburg. Accordingly a memorial and 
a petition were drawn up in due form but it was not until 
the following February that the house voted to forward 
them to the colony's agent in London who in turn presented 
them at the proper offices.^ 

In June, 1746, the legislature was convened in special ses- 
sion in consequence of the receipt of orders from England re- 
lating to an expedition which had for its object the reduction 
of Canada. Inasmuch as the future tranquillity of the con- 
tinent depended, the governor said, upon the success of the 
expedition, he hoped the two houses would exert themselves 

^Provincial Papers, vol. v, pp. 383, 384, 401. ']^2, 773. 775, 779- 
852. 



573] FINANCE 391 

to the utmost and do everything that would contribute to a 
speedy embarkation of the troops, for the daily captivities 
and frequent murders committed by the Indians at the in- 
stigation of the French made it their duty to engage v^ith 
heart and soul in the enterprise, which was an undertaking 
that must be viewed in all its consequences, and " though it 
may be attended with a great expense, it will not," he said, 
" be perpetual, for, if it should please God to give success 
to his Majesty's arms in the reduction of Canada, the In- 
dians must then become our unalterable friends, the expense 
of scouts and inland frontiers would wholly be taken off; 
a flow of wealth and an increase of inhabitants must conse- 
quently be introduced and everyone would enjoy the bless- 
ings of peace under his own vine." ^ 

As the assembly well knew how true the governor's state- 
ments were and fully realized the advantages that would ac- 
crue from the success of the expedition, it unanimously voted 
to raise as many men as the executive could enlist and get 
ready for embarkation by the end of July, and, in order to 
provide the necessary funds, it agreed to emit £60,000. As 
it could not act authoritatively, however, when convened in 
special session, the necessary act for the emission of the 
money could not be legally passed until the time came for 
the regular session. Then the work of the convention was 
fully ratified and confirmed. At that time, too, Wentworth 
informed the assembly that, as the king was to pay, clothe 
and arm the men raised, there need be no other fund for the 
redemption of the bills than the king's promise to pay. 
Accordingly, the two houses voted that, when the Crown 
reimbursed the province, the money so obtained should be 
put into the treasury for the redemption of the emitted bills. 
I f , however, the amount received fell short of what was actu- 

^ Provincial Papers , vol. v, pp. 427, 428, 814. 



392 NEW HAMPSHIRE AS A ROYAL PROVINCE [574 

ally expended in the enterprise, then the deficiency should 
be made up by levying a tax upon polls and estates.^ 

In 1747 the home government authorized Governor Shirley 
and Commodore Knowles to settle and adjust with the sev- 
eral governors all matters relating to the expedition,^ in or- 
der that an account of the same might be laid before Parlia- 
ment, to the end that provision might be made for reim- 
bursing the several colonies. That the soldiers, however, 
might not be kept out of their pay, pending the settlement 
of the matter by the House of Commons, the commissioners 
were requested to ask the several governors to secure from 
their assemblies the necessary credit for the payment of the 
troops. Accordingly, upon the receipt of a letter from the 
commissioners, Governor Wentworth called upon the as- 
sembly to loan the king such a sum as was necessary for the 
end in view.^ After taking the matter under consideration, 
the representatives informed the governor that they were in 
the main disposed to lend the credit asked for, as far as the 
money in the treasury would go, and would make up the re- 
mainder by a further emission, provided the king's promise 
of a reimbursement was the only fund required for the re- 
demption of the bills.* Before, however, the vote reached 
the governor, he had issued orders for an adjournment. 
After debating the question the following month the repre- 
sentatives concluded not to advance the sum required until 
the muster rolls of the men who had been employed in de- 
fending the frontiers during the past year had been allowed 
and paid out of the money then in the treasury. As for the 
council, that body was of the opinion that it would be best 
to loan the king money upon the same terms as provided in 

'^Provincial Papers, vol. v, pp. 430, 435> 437- 813, %\/^, passim. 
"^ Ibid., vol. V, p. 537. '^ Ibid., vol. v, p. 535. 

* Ibid., vol. V, p. 539. 



575] FINANCE 393 

the £60,000 act which stipulated that, if the king did not re- 
pay it, the people should be taxed for that amount or for 
such a sum as the Crown did not pay. Furthermore, it said 
that, if money was borrowed to pay the soldiers who had 
been engaged in the defence of the frontiers, there ought to 
be a fund to bring it in immediately. For these reasons, it 
refused to consent to the vote of the other house. ^ Thereupon, 
a committee of the two houses was chosen to confer upon 
the easiest and most equitable method of defraying the ex- 
pense of the frontiers. In due time, the committee pre- 
sented a report, stating that, inasmuch as the bills of credit 
that still remained in the treasury after the expedition 
against Canada was over, could, by virtue of one of the pro- 
visions of the act for the emission of the £60,000, be disposed 
of in such manner as the general assembly might order, the 
cost of the frontiers should be provided for out of the bills 
thus remaining. Although the house immediately voted to 
accept the report in its entirety, the council wanted the 
money, thus taken out of the treasury, repaid within the 
next three years. The house, however, would not agree to 
it, but expressed a willingness to have it redeemed in 1761 
and 1762. As the council consented to this, the report was 
adopted by both houses upon that condition. Since the 
governor insisted upon some other method, the representa- 
tives at last resolved to emit £4000, but the council refused to 
concur, whereupon the former told the governor that as 
there was no other way of raising the money except by levy- 
ing upon the polls and estates a tax which it was impossible 
to collect in time to pay off the men by the end of the year, 
they had nothing further to offer and therefore prayed that 
they might be allowed to retire to their homes. But the 
governor told them that until the king's business was effec- 



23 



^Provincial Papers, vol. v, pp. 546, 549, 55i- 897. 



394 ^^^^ HAMPSHIRE AS A ROYAL PROVINCE [^76 

tually done, he could " neither answer it to the king . . . 
either to adjourn, prorogue or dismiss the present as- 
sembl_v ..." He therefore desired them to dispatch the 
business before them as it was then the sixth week of the 
session. Thereupon, they voted to loan the king an amount 
sufficient to pay off the troops engaged in the expedition 
provided the governor would assent to their previous vote 
upon the report of the committee of the two houses. This 
the governor did the following day, so that payment was 
provided both for those who had been engaged in the ex- 
pedition and for those who had been in service upon the 
frontiers.^ 

In 1748, Thomas Hutchinson of Massachusetts proposed 
that the money which the colonies expected Parliament 
would grant them as a reimbursement of the charges which 
they had incurred in taking and maintaining Louisburg and 
in raising the forces for the intended expedition against 
Canada should be used to redeem the paper currency, 
which, on account of its steady depreciation, was producing 
great injustice to trade and commerce and causing con- 
siderable other mischief. Although the scheme aroused 
much opposition, a bill was at length projected and pre- 
sented to the General Court of Massachusetts to carry it 
into effect.- As many did not believe the scheme would 
prove effective or bring the relief contemplated unless the 
other New England governments cooperated, the General 
Court invited them to send commissioners to Boston to 
consider the question with the view of adopting one general 
and uniform method for the colonies concerned. In re- 
commending the matter to the consideration of the assembly 

^Provincial Papers, vol. v. pp. 553, 555, 557. SS8, 560, 561, 562, 563, 
899, 901. 

'''Ibid., vol. V, p. 567. 



577] FINANCE 395 

in March, 1748, Governor Wentworth said he thought the 
question was highly worthy of the most serious dehberation, 
for, " if any method can be agreed upon to put a stop to the 
growing evil, it may happily prevent the ruin, which at this 
time threatens the country and more especially those whose 
salaries depend on the uncertain medium and who have 
hitherto had no equivalent for the depreciation thereof." 
Although the representatives expressed themselves in favor 
of the plan and declared themselves ready to agree to 
proper methods for obtaining so valuable an end, no com- 
missioners were appointed. The following November, the 
Massachusetts General Court again urged the other colonies 
to adopt a joint plan for the redemption of the paper bills. 
As the New Hampshire assembly was not then in session 
and the governor did not think it necessary to summon it 
just at that time, the matter was not acted upon and as the 
other colonies also failed to send commissioners, Massa- 
chusetts finally determined to proceed alone. ^ Accordingly 
the silver was bought and the paper bills were exchanged. 
The shock that many expected did not occur. Business 
soon adjusted itself to the new conditions. Trade revived 
and money was plentiful. In the other colonies, however, 
the effect of the silver currency was to depress trade and 
commerce and cause a still further decline in the value of 
the paper bills." 

^Provincial Papers, vol. v. pp. 564, 566, 574; Felt, Massachusetts 
Currency, p. 118 et seq. 

"^Provincial Papers, vol. v, pp. 567, '^go, passim, vol. vi, p. 69. For 
purposes of exchange one piece of eight was equal to a 445. bill of the 
old tenor or to a \\s. bill of the new tenor. According to an account, 
found among the Belknap papers, of the rate of silver per ounce in New 
Hampshire, it appears that silver had risen in value in the province from 
85. per ounce in 1710 to 215. in 1730. Then there was a slight decline 
until the close of 1732. In 1733 it advanced from 2\s. an ounce, at the 
beginning of the year, to 275. at the close. In 1734 it fluctuated between 



396 ^^^"^ HAMPSHIRE AS A ROYAL PROVINCE [578 

Of the money granted by Parliament as a reimbursement 
of the charges incurred by the various colonies in taking and 
maintaining Louisburg and in promoting the intended ex- 
pedition against Canada, and in sending assistance to Nova 
Scotia, New Hampshire received, for the part it took in the 
.former £16,355: 13:4 and for the charge incurred in the 
latter £21,446: 10: io>4/ 

After all fees, charges and the agent's debts were de- 
ducted, the amount left to the credit of the colony was close 
to £29.100 sterling. This it was fully expected in England 
the province would utilize to redeem its paper bills, and Mr. 
Thomlinson, the province agent, also held this opinion.- In 
case however the assembly did not want to do this immedi- 
ately he suggested that he be empowered to invest the money 
in some of the public funds where it would bring in an an- 
nual income of some £900 sterling. As the assembly, how- 

245. and 275. an ounce. From that time on until 1743 it fluctuated very 
little. Then there was a steady advance. In 1746 it changed from 3,7s. 
at the beginning to 50^. at the close of the year; in 1747 it fluctuated 
from 53.S. to 60s., closing at 58^*., and from that time on until 1750, 
when it began to decline, it vacillated between 545. and 605. See Col- 
lections of the New Hampshire Historical Society, vol. v, p. 258. 

^ New Hampshire State Papers, vol. xviii, pp. 367, 2>1Z^ 381, .-^83; 
Provincial Papers, vol. v, pp. 508, 590, 914. According to one account, 
the expenses of the Louisburg expedition as approved by the two houses 
in June, 1748, amounted to /"22,970 : 10 : 5. Another account submitted 
to the assembly the previous June, gives as the sum expended ^26,489: 
16 : ZY2. It was probably in reference to the latter that the agent in a 
letter to Theodore Atkinson, under date of November 18, 1747. said 
"there are some palpable errors and great differences between some 
particular charges and the vouchers for the same." According to the 
account of the charges incurred in the Canada expedition, submitted by 
the province agent to the authorities in England, the sum expended in 
promoting the latter enterprise was £},\,2()^ : 8 : 11^. See also Provin- 
cial Papers, vol. vi, p. 144. 

"^New Hampshire State Papers, vol. xviii, pp. 371, 386; Ptovincial 
Papers, vol. vi, pp. 130, 227. 



579] FINANCE 397 

ever, which was summoned, in January, 1749, was never 
organized in consequence of the controversy which arose in 
connection with the governor's right to disapprove their 
choice of speaker and his right to summon representatives 
from whatever towns he chose, no business was transacted 
by it, so that it was not until the fall of 1752, after the as- 
sembly had been dissolved and another election held, that a 
vote was passed ^ authorizing the agent to put the entire sum 
into such public stocks or funds as he judged were most ad- 
vantageous for the province. At the same time a commit- 
tee of the two houses was appointed to forward the vote 
and correspond with the agent in regard to the matter. 
This the committee did, and, in the first letter which they 
dispatched, they declared that placing the money in the 
public funds or stocks was the only remedy they had to keep 
the province from " sinking," for, if the sterling money was 
used for the immediate redemption of their bills of credit, it 
would by no means answer the end proposed, as they had a 
great number of the bills outstanding and very heavy debts. 
Accordingly, early in 1753, the agent purchased with'part of 
the money £20,000 of 3% annuities of 175 1, while the bal- 
ance he put out at interest at the same rate, until he could 
l')lace it advantageously in the public funds. He then in- 
formed the members of the committee of what he had done 
and desired them to send him a proper power of attorney, 
in order that he might accept the money in the name of the 
entire legislature and receive the interest arising therefrom 
as it became due. But it was not until April, 1754, that 
trustees were appointed to make and execute the necessary 
power of attorney." 

"^ New Hampshire State Papers, vol. xviii, p. 402; Provincial Papers, 
vol. vi, pp. 143, 150. For the particulars relating to this controversy- 
see supra, pp. 139, 159. 

'^ Provi7Jcial Papers, vol. vi, pp. 144, 22j, 273; Nczv Hampshire State 
Papers, vol. xvili, p. 423. 



398 NEIV HAMPSHIRE AS A ROYAL PROVINCE [^go 

In consequence of the confusion and inconvenience that 
arose on account of the constant depreciation of the bills 
of credit, Parhament, in 1751, passed an act to regulate and 
restrain the issue of paper money in New England.^ In the 
preamble, it was stated that the act which had been passed 
by Parliament in the reign of Queen Anne, entitled "An act 
for ascertaining the rate of foreign coins in her Majesty's 
Plantations in America " had completely failed of its object 
in the colonies of New Hampshire, Massachusetts, Rhode 
Island and Connecticut in consequence of the emission by 
those governments of great quantities of paper bills of credit 
which were made legal tender in payment of debts, dues and 
other demands. As these bills had been depreciating in 
value for many years past, debts during that time had been 
paid and satisfied with money of a value much below^ what 
had been contracted for. The result was that the trade and 
commerce of the king's subjects had been greatly discour- 
aged and prejudiced by the confusion which had been there- 
by occasioned in dealings and by the lessening of credit 
in those parts. To effectually prevent, therefore, and 
remedy these inconveniences, it was now enacted that after 
September 29th, 1751, it should not be lawful for the gov- 
ernor, council or assembly in any of the New England 
colonies to make or pass any law, " whereby any paper bills 
of credit of any kind or denomination whatsoever shall be 
created or issued under any pretence whatsoever or where- 
by the time limited or the provision made for the redemption 
of the bills now outstanding shall be protracted or postponed 
or whereby any of them shall be depreciated in value or 
whereby the same shall be ordered or allowed to be re-issued 
or to obtain a new and further currency." But, if such laws 
were passed, despite this prohibition, the present act declared 

^ Laws of New Hampshire, Edition of 1771. p. 251. 



58 1] FINANCE 399 

that they should be null and void. Furthermore, it was 
stipulated that all outstanding bills should be punctually re- 
deemed according to the tenor of the acts whereby they were 
issued. Liberty, however, was granted to issue such a num- 
ber of bills of credit, bearing interest, as were requisite for 
the current service of the government, provided sufficient 
provision was made to secure their redemption " in a reason- 
able time not exceeding the space of two years," while for 
extraordinary emergencies, such as war or invasion, issues 
of a similar character might be made, if provision was made 
for the redemption of the bills within a period not exceeding 
five years. In no case, however, were the new bills to be 
made a legal tender. Finally, it was provided that gov- 
ernors who consented to the emission of bills in violation of 
the present act should be immediately dismissed from their 
governments and forever rendered incapable of holding any 
Dublic office. 

In the summer of 1753, the assembly resolved to lay be- 
fore the king an account of the financial condition of the 
province. In the memorial which was prepared and for- 
warded to the agent for presentation to his Majesty, the cir- 
cumstances which had compelled the province since 1742 to 
resort from time to time to further emissions of bills of 
credit were carefully set forth, the purposes for which the 
money was issued were clearly explained and the time and 
the amount of the various emissions were correctly given. 
Moreover, the present situation in the province was dis- 
cussed at some length and the necessity of investing the 
money received from Parliament in the national stocks or 
funds and using it as a sinking fund for the redemption of 
the bills emitted for the Canada expedition was made plain. 
As the interest arising from the amount thus invested, to- 
gether with the money raised by taxes upon the polls and 
estates, would be sufficient to redeem all their bills within 



400 ^EW HAMPSHIRE AS A ROYAL PROVINCE [^82 

the time designated in the various acts of emission, they 
hoped the scheme just mentioned would meet with the king's 
approbation, for, unless they were favored with his Majesty's 
permission to put the plan into effect, they could see no way 
either of paying the public debts or of supporting the honor 
and credit of the government, inasmuch as the inhabitants 
were already burdened with an annual tax of £3800 for 
several years to come. This, added to what had to be raised 
for the necessary support of the government, amounted to 
double the sum ever raised in the province in any former 
year and could not. in their opinion, be raised, if the paper 
bills should be immediately called in and redeemed, because 
there was no silver or gold passing among them.^ 

In acknowledging, in October, the receipt of the memorial, 
the agent told them that, although the presentation of a 
memorial to the king was, in his opinion, improper at all 
times, this one was particularly improper in that it prayed 
for leave to place in the funds money which was already 
there. As for the disposition of that money, he assured 
them that they had nothing to fear on that head, provided 
they remained quiet and conformed in all other money af- 
fairs to the late act of Parliament, which, he said, they must 
by all means do. As the presentation of the memorial, 
therefore, would only be involving them in such difficulties 
as might not easily be got over and raise all their enemies 
in judgment against them he would not present it to the 
king but keep it for future reference." 

.\s tb.e assembly, which was summoned in January, 1749.^ 
was. for the reasons previously mentioned, continued in exis- 

^ Provi7!cial Papers, vol. vi, pp. 220, 222, 222, et seq. 

^Ibid., vol. vi. p. 226. October, 1753. 

'^ Ibid., vol. vi, pp. 69, 125. The Assembly first met January 3, 1749, 
and was dissolved January 4, 1752. 



583] FINANCE 40r 

tence the full three years allowed by the triennial act without 
ever having been organized, considerable confusion and 
many inconveniences arose. The province debts remained 
unpaid and the charges of the government were unprovided 
for. Finally, when a new assembly was convened in Sep- 
tember, 1752,^ Governor Wentworth strongly recommended 
the restoration of a happy union between the respective 
branches of the legislature and a due observance of the sev- 
eral powers which each branch was invested with, for that 
would prevent unnecessary controversies and result in the 
peace and prosperity of the province. He then went on to 
say that it would give him great satisfaction to meet them 
" at a time of such difficulty, disposed sincerely and with one 
voice, to extricate the government out of its present and 
growing distresses," for unless a speedy remedy was found 
and applied, the posture of their public concerns would not 
only bring the government into the deepest disgrace but the 
consequences might be of a more dangerous nature. In 
reply," the representatives assured him that they earnestly 
desired the restoration of a happy union of the different 
branches of the legislature and were sincerely disposed both 
to extricate the government out of its present difficulties and 
to advance its true interests. 

The following spring, after the various accounts had been 
examined and the different claims adjusted, the house pro- 
posed that they should be paid out of the money that was in 
the treasury. Accordingly, an act was drawn up for issuing 
out of the treasury the sum of £12,500 — to be repaid by a 
tax, levied on the polls and estates in five annual instalments, 
beginning with the year 1753. After the council signified 
their occurrence in the measure,^ the governor asked them 

^Provincial Papers, vol. vi, pp. 127, 130. "^Ibid., vol. vi, p. 136. 
* Ibid., vol. vi, pp. 189, 190, 210, 211. 



402 NEW HAMPSHIRE AS A ROYAL PROVINCE [^g^ 

whether his assenting to the act would not be contrary to the 
true intent and meaning of an act of Parliament passed in 
November, 1747, by the terms of which governors were ex- 
pressly forbidden, under the severest penalties, to consent to 
any vote, order or allowance for re-issuing bills then in the 
treasury or postponing the redemption of bills contrary to 
the provisions of the acts of emission/ Furthermore, he 
also wished to know whether such a consent, if contrary to 
the act of Parliament, would not be ipso facto void and con- 
sequently useless for the purposes intended to be answered 
by it. In reply, the council said that they were of the 
opinion that his assenting to the measure would be in no way 
contrarv to the act of Parliament nor to the true intent and 
meaning thereof. Consequently they would advise him to 
approve it, which he then deemed it best to do. 

In the spring of 1754, an act was passed, granting the 
king £6000. The following summer, when the Indians 
began their depredations along the frontier, the legislature 
had to be convened in special session because the assembly 
was at the time under prorogation and there was no money 
in the treasury that could be used for the support and main- 
tenance of the troops required. Although Governor Went- 
worth, as on several occasions in the past, pressed the mem- 
bers to set aside a fund which could be used in just " such 
emergencies and unforeseen exigencies," he could not pre- 
vail upon them to do more than provide for what they 
thought was sufficient to cope with the situation as it ap- 
peared to them from the reports which had been received. 
The consequence was that when it became known that the 
Indians were more numerous and more active than had been 
anticipated, the governor was obliged to issue a call for an- 
other special session and that, too, within fifteen days of the 

"" Frovrncial Papers, vol. vi, p. 211. May, 1753. 



585] FINANCE 403 

preceding one. Although the assistance deemed necessary 
was granted, no provision was made for a fund for use in 
cases of emergency. When, therefore, the time, designated 
in the grants was up, the governor, although apprehensive 
lest there should be further raids, deemed it expedient to ad- 
vise the officer in command of the forces to dismiss them, in- 
asmuch as it was uncertain whether the assembly would pay 
them for any longer time than their grants extended to/ 

Early in 1755, an act was passed granting £1500." As it 
was also necessar)^ at that time to raise a considerable sum 
in order to guard the inland frontiers and carry into execu- 
tion the king's commands in regard to putting the province 
in a proper posture of defence, the house voted to levy a tax 
of one penny an acre upon all improved or unimproved land 
granted or laid out into townships but the council refused 
to concur. Later the attempt was renewed but the council 
could not be prevailed upon to give their concurrence, claim- 
ing that the tax was unjust and unreasonable in that the 
poorer sort of people would pay the largest portion of it."* 
In 1756, in addition to the tax of a penny an acre on land, 
the representatives proposed, as a means of increasing the 
revenue, to levy not only an import duty on rum and wine 
and additional excise duties on all intoxicating liquors sold 
within the province but also a tax on green and black tea. 
The council, however, would only concur upon condition 
that the tax on land applied only to improved land. This 
the representatives would not agree to. Thereupon, the 
latter sent a message to the governor, saying that they could 
not think of any way to defray the defence of the frontiers 
that was " so just and equitable " as that which they had 

^ See supra, p. 196; Provincial Papers, vol. vi. pp. 285, 296, 299,314, 
316, 319, passim. 

"^ Ibid., vol. vi, p. 2i2>7- 

^Jbid.. vol. vi. pp. 341, 348. 448, 454. 473- 



404 ^^^'^ HAMPSHIRE AS A ROYAL PROVINCE [586 

proposed. Although, they continued, the expense would be 
a grievous burden, especially when added to what was al- 
ready laid upon them for services of that and other kinds al- 
ready done and still intended to be done by them for the 
king, still, in faithfulness to their constituents they must be 
excused from any charge for the defence of the frontiers, 
unless the lands benefited thereby bore a share of the tax.^ 

To defray the expenses of the force which the province 
voted to contribute as its quota toward the proposed expedi- 
tion against the French on Lake Champlain, the two houses 
passed a bill, providing for the emission of £30,000 in bills 
of credit. As some of the provisions of this measure, how- 
ever, infringed upon the prerogative, violated the royal in- 
structions and were inconsistent with the positive directions 
which the governor had but recently received from the Lords 
of Trade, his excellency called upon the assembly to make 
such changes in the bill as would meet these objections but, 
as explained in another connection, the representatives dog- 
gedly refused to comply, whereupon the governor, both to 
prevent any further delay and to insure the colony's partici- 
pation in the undertaking, deemed it his duty to approve the 
act just as it was." As the province bills of credit were no 
longer accepted in Massachusetts and New York, some sterl- 
ing money had to be obtained for use in places where New 
Hampshire bills had no currency. This was secured by 
drawing bills of exchange on the agent in England,' the 
money so drawn being the interest of that invested there in 
the public funds. As a previous assembly, however, had 
passed an order to the effect that the interest arising from 
such funds should be used to redeem the paper bills issued 

^ Provincial Papers , vol. vi, pp. 473. 486. 

^/bid., vol. vi, pp. 353. 355, 358. 359, 363, 368, 370, 37i, 373, 376: 
supra, p. 188. 

^fbid., vol. vi. pp. 27(^, 385. 



587] FINANCE 405 

for the intended expedition against Canada, it was now 
provided that a sum of money in bills of credit equal to the 
amount drawn in sterling should be put into the treasury 
and exchanged for those emitted for the Canada expedition, 
which latter bills were then to be burned. As sterling money 
was often needed both in the various expeditions that fol- 
lowed and for other purposes, it was generally obtained in 
this way and, when the interest was no longer sufficient to 
answer the purpose, the agent was authorized to sell so 
much of the stock invested in the public funds as was neces- 
sary to meet the bills of exchange.^ 

To defray the expenses of the reinforcement which was 
dispatched in the fall to the scene of action, there was a 
further emission of £15,000.^ Although the troops were 
sent off with all haste, their services were hardly needed, for 
it was decided not to press forward against Crown Point 
that season but to secure the position the English forces 
then held at the head of the lake by erecting a fort there. 
When, early the following year. Governor Wentworth laid 
before the two houses the scheme for the renewal of the ex- 
pedition and told them that he could "almost with certainty" 
assure them that the province would be reimbursed by the 
Crown, there was no immediate response. Although the 
inhabitants were anxious to have the operations against the 
French pushed with vigor, the financial condition of the pro- 
vince was very discouraging. The country was deeply in 

^Provincial Papers, vol. vi, pp. 285, 294, 339, 376, 385, 410, 419, 428, 
435. passim. According to the votes of the assembly, the ratio of ster- 
ling money to the bills of credit was as i is to 3 in 1754 and the begin- 
ning of 1755. From that time until September, 1755, the ratio was as 
I is to 3X; then it was as i is to 2>H- In business transactions, how- 
ever, the ratio was greater and rapidly advanced from that time on. 

^Ibid., vol. vi, pp. 421, 425, 428, 433, 436, 443; vol. xviii, p. 431. 
For details concerning the necessity of this and the later campaigns, 
see chap. vii. 



4o6 NE^V HAMPSHIRE AS A ROYAL PROVINCE [388 

debt, while the paper bills afforded but poor credit and were 
no longer accepted as currency beyond the bounds of the 
province. The frontier settlements, too, were greatly ex- 
posed and crying loudly for aid, while the plan to raise money 
for their defense by levying a tax on land and by imposing 
impost and excise duties on certain things was thwarted by 
the council, which refused to tax lands that were unimproved. 
How to procure the necessary funds was the problem which 
confronted the province. Although some favored another 
emission of paper money, others were of the opinion that it 
would be useless to attempt another issue, fearing that the 
bills would no longer take the place of money. Moreover, 
outside the province, sterling money was absolutely essential 
to conduct some of the services connected with the under- 
taking. To procure the latter, however, the governor pro- 
posed that a loan of £3,000 sterling should be obtained 
from Governor Shirley. Although the latter was ex- 
tremely sorry to find that Governor Wentworth had met 
with so many difficulties in raising the men, still he hoped 
that New Hampshire would follow in the wake of the other 
colonies, for he was inclined to think that any colony which 
refused to do its duty and deserted the common cause would 
run a risk of forfeiting its title to his Majesty's bounty 
and favor. Furthermore, he believed the paper money 
would answer the end of the proposed service for another 
year, as in Connecticut and Rhode Island. As for loaning the 
province £3000 sterling, he said he was willing to do that, 
provided the province raised 500 men and engaged to repay 
the sum advanced out of the first money which should be 
sent over from England or by levying a tax on the inhabi- 
tants in 1757 and 1758. This the two houses agreed to do, 
whereupon Wentworth, who did not think that £3000 
sterling would be sufficient to answer the various purposes 
for which such money was absolutely necessary, pressed 



589] FINANCE 407 

Shirley to augment the sum to £6000, which the latter cheer- 
fully consented to do upon the same terms as before.' 
At the same time the representatives proposed an issue of 
£30,000 in bills of credit, agreeing that one-third of them 
should be redeemed in 1759 and the balance in 1761." In 
case, however. Parliament reimbursed the colony for the 
expedition, the money so received was to be put into the 
treasury and used to redeem as much of the paper currency 
as possible. After the necessary bill, which was similar in 
form to the one enacted the previous year, had passed the 
two houses, the governor sent down a message in which he 
said that he observed with the greatest concern the encroach- 
ments made on the prerogative and the necessity he would 
be driven to of dispensing with the royal instructions by the 
reservations and appointments therein made. These, he 
continued, rendered it liable to so many objections on his part 
and were so manifestly injurious to the king's service that, 
in the common course of business, the bill could never obtain 
his consent and nothing but the necessity of the public ser- 
vice would now induce him to consent to it. For these rea- 
sons, therefore, he hoped that they would reconsider the 
measure and make it agreeable to their constitution and not 
take advantage of the present necessity by continuing their 
encroachments on the royal prerogative, or take measures 
that were dishonorable to any state or government, or com- 
pel him to disregard entirely the king's instructions, which 
would be the case if he consented to the bill as it was. On 
the other hand, should he refuse his consent, the intended 
service would, he said, be at an end. In reply, the repre- 
sentatives declared that any attempt to infringe upon the pre- 

^ Provincial Papers, vol. vi, pp. 443, 459, 463, 473, 482, 485, 487, 489, 
499, 503, 505, 506, 520, passim. 
'Ibid., vol. vi, pp. 503, 507, 508. 



4o8 NEIV HAMPSHIRE AS A ROYAL PROVINCE [590 

rogative was far from their thoughts and, that, upon per- 
using the several bills passed on similar occasions, they 
found they were all as much like the present one as the na- 
ture and circumstances of the case would admit. They, 
therefore, hoped his excellency would be pleased to sign the 
bill, for they were convinced no blame could arise therefrom. 
Although several messages now passed between the gov- 
ernor and the assembly relating to the matters in dispute, 
the former found it impossible to prevail upon the latter to 
make the alterations desired. Furthermore, the house re- 
fused for a time to send up the bill for borrowing £6000 
sterling until Governor Wentworth had affixed his signa- 
ture to the £30,000 bill, but as the governor refused to take 
any action upon the latter unless the former was before him 
and assured them that he would not pass one without the 
other, the bill was at last sent up, whereupon his excellency 
signified his approval of both measures. At the same time, 
another bill for £5,750 was passed in order to discharge the 
muster rolls of those who had been engaged in protecting 
the frontier and to pay certain charges in connection with 
the previous expedition and with the reinforcement.^ 

With the view of keeping up the value of the paper 
money which was rapidly depreciating and of preventing the 
exorbitant price that was then being given in the province 
for Spanish milled dollars, the house in July appointed a 
committee to take the matter under consideration and to 
prepare a bill which would answer the ends proposed,^ but 
as the assembly was dissolved the same day, nothing was 
accomplished. 

In December, Wentworth informed the assembly that, of 
the £115,000. granted earlier in the year by Parliament to 

^Provincial Papers, vol. vi, pp. 509, 511. 512, 513. 515, 516. 517, 519, 
520, 590. 1756. 

^Ihid.. vol. vi, p. 532. July. 1756. 



591] FINANCE 409 

the various colonies, as a free gift and reward for their past 
services and as an incentive to future effort, New Hamp- 
shire received £8000/ At the same time he referred to 
the melancholy situation of their public affairs and said that 
the way to extricate themselves out of the growing evil well 
deserved a parliamentary consideration. Furthermore, he 
declared that, on account of the constant depreciation of the 
paper money, it was no longer possible to fix an equivalent 
in that currency for .proclamation money, and it is evident, 
he continued, " that paper money will no longer be of use 
to the public nor serve as a medium in mercantile concerns, 
unless it is to distress and involve the subjects in greater 
difficulties than they at present endure, which will be a hard 
matter to point out." However, he would be glad of an 
opportunity to consent to any measures that might have 
a tendency to promote the prosperity of the province and 
that might relieve the inhabitants from the distress which 
threatened them, and which, if not remedied in due time, 
would give rise to greater evils than could be conceived. 
Although the representatives expressed a willingness to do 
all that they could to extricate the province out of the many 
difficulties from which it was suffering, nothing was actu- 
ally done. 

As the operations against the French had been unsuccess- 
ful, another expedition against Crown Point was planned 
for 1757. To defray the expense of the troops they in- 
tended to raise, the two houses proposed a further emission 
of £20,000.- Upon being informed of this, Wentworth sent 

^Provincial Papers, vol. vi, pp. 542, 544, 588; Nezv Hampshire State 
Papers, vol. xviii, p. 443. Of the ;^iis,ooo Massachusetts received 
/'S4,ooo; New Hampshire, /8,ooo; New York, ^15,000; Connecticut. 
^26,000; Rhode Island, i;"7,ooo, and New Jersey, ^"5.000; exclusive of 
all fees and other charges. New Hampshire received in Portuguese gold 
and Spanish Milled Dollars £7,62,9 : 9 : 7- 

"^Ibid., vol. vi, pp. 557, 559, 564. 



4IO NEIV HAMPSHIRE AS A ROYAL PROVINCE [50)2 

down a message ' in which he said that he was sorry that no 
other method could be agreed upon to carry on the expedi- 
tion, for he was afraid that another emission would be at- 
tended with disastrous consequences. Moreover, he was 
persuaded that it would not merely occasion great delay in 
levying the men and, as in the past, drive the best and ablest 
of them into the service of the other governments where 
they would receive their pay in silver, but, in his opinion 
it would be useless to attempt to raise them at all with 
paper money. However, if they could find no other way to 
obtain the funds, the paper must do as far as it will. As 
the house proposed no other method, a bill was accordingly 
passed for the emission of £20,000. Moreover, as sterling 
money was absolutely necessary for certain services, it was 
decided a few days later to take what sterling money was 
needed out of the sterling funds which were then in the 
treasury. ' 

As a result of the military operations undertaken against 
the French, the latter seemed more firmly intrenched than 
ever in the king's dominions. Notwithstanding this, however, 
the inhabitants were still willing to make what sacrifices 
were necessary to push the war to a successful conclusion; 
but how to obtain funds sufficient for the end in view was 
the perplexing problem they had to solve, for, in addition to 
the sterling money which had been drawn in bills of 
exchange on the agent in England and the sum which had 
been received from Parliament, a very large sum in new 
tenor bills had been emitted during the past few years. 
Hereafter, however, such bills would not answer the pur- 
pose. Silver, or its equivalent, was absolutely necessary, 
and without it, it would be difficult to engage men for the 

^ Provincial Papers, vol. vi, p. 565. 
^/dicf., vol. vi, pp. 568, 570, 573. 



593] FINANCE 411 

next campaig-n.^ Fortunately, the change which made Wil- 
liam Pitt Prime Minister of England augured well for the 
colonies, for under him the war was carried on with re- 
newed vigor and enthusiasm, and that no encouragement 
might be wanting to increase the zeal of the colonies, strong 
recommendations were made to Parliament to grant them a 
proper compensation for such expenses as they incurred, "ac- 
cording as the active vigor and strenuous efforts of the re- 
spective provinces " justly appeared to merit. For the cam- 
paign of 1758, New Hampshire issued £20,500 in paper bills 
of a different form and tenor from those previously issued. 
The new bills expressed on their face their value in sterling, 
were to be payable in one year with interest and were to be 
redeemed by bills of exchange of equal value on London. - 

As the result of the various expeditions which were un- 
dertaken against the French during the summer, Louisburg. 
Frontenac, and Fort Duquesne fell into the hands of the 
English. As before, however, the attempt to drive the 
enemy from Lake Champlain proved a failure. When the 
news of these successes was received in England, it was 
resolved to retrieve the disappointment on Lake Champlain 
and improve the advantages gained over the enemy in other 
parts by pressing forward with all vigor for the purpose of 
reducing Canada. To defray the expense necessitated by 

^Ibid., vol. vi, p. 611; New Hampshire State Papers, vol. xviii. pp. 
471, 472, 474, passim. 

"^Provincial Papers, vol. vi, pp. 656, 65Q, 660, 663, 665; vol. xviii. 
passim. To iho\^ how rapidly the new tenor bills had depreciated, it 
is only necessary to refer to the wages paid the soldiers. Thus, for the 
expedition made in 1755, it was agreed to pay the men £it, : 10, but the 
bills so depreciated that, when the muster rolls were made up, the com- 
mittee made them up at /"iS. In 1756 the men were given ,^i8; the 
next year ^25, and in 1758, under the new form of bills called sterling 
bills, they received 27s. sterling, and the following three years they had 
305. sterling. 



412 NEW HAMPSHIRE AS A ROYAL PROVINCE [cg^ 

another expedition against Crown Point, New Hampshire 
emitted £17,000 in bills of credit of the same tenor and form 
as those emitted the previous year, except that the bills were 
made redeemable in three years instead of one. In the act 
providing for the issue of the £17,000, there were the same 
claims and reservations as were contained in several previous 
bills of a similar nature. Although the governor had been 
unsuccessful in his efforts to have the assembly, that had 
been dissolved the preceding October, withdraw such claims 
and reservations, he had not given up the struggle. Now, 
therefore, that another assembly was convened, he deter- 
mined to make one more attempt to have the objectionable 
clauses eliminated. Consequently he told the members that, 
although the same claims and reservations had been made 
by the late assembly, that could by no means justify their 
present proceedings. He, therefore, thought that it was 
his duty to lay before them a paragraph of a letter which 
he had received from the Board of Trade under date of 
November 9th, 1758, in which the latter said that the exer- 
cise by the assembly of the power of nominating to civil and 
military offices, of conducting military services and of pass- 
ing accounts, all of which was vested, by virtue of the terms 
of the royal commission, in the governor, was certainly im- 
proper and unconstitutional and operated " to weaken and 
abridge the dependence which the colonies ought to be kept 
in to the government of the mother country." This he earn- 
estly recommended to them for serious consideration, saying 
that he could not doubt that they would act consistently 
and for the real interest of the people they represented if 
they withdrew such clauses as militated with their Lord- 
ships' sentiments and were repugnant to the powers which 
were vested in the Crown. The representatives, however, 
refused to make any of the alterations desired, on the 
ground that the act was agreeable to the practice of the 



595] FINANCE 413 

government for many years past and therefore consonant to 
their constitution. As a result, the governor was obliged to 
sign the measure as it was/ By the close of September, 
almost all of Canada was in the hands of the English, so 
that the colonists looked forward with real joy to its total 
reduction the following year. In order, however, to com- 
plete the conquest, the commander-in-chief of the English 
forces called upon the colony to provide the same number 
of men for the next campaign as were furnished for the 
last. Nothwithstanding the fact that the province was 
overwhelmed with debt and hardly in a position financially 
to render any further assistance, every branch of the legis- 
lature was eager to contribute all in its power to accomplish 
so desirable an object. Accordingly, provision was made 
for a further issue of £15,000 in sterling bills. Moreover, 
that no injury might accrue to the possessors of the bills, it 
was provided that they should receive the value, designated 
in the bills, in silver or gold or in bills of exchange with 
the interest which was due on each, but should the king re- 
imburse the province, the sum thus obtained was either to 
be placed in the treasury and improved in redeeming the 
emitted bills or left in England to be drawn upon by bills 
of exchange payable to the possessors of the paper bills. 
A project to establish a provincial lottery, the net profits of 
which were to be applied towards the payment of the in- 
terest or part of the principal of the sum thus emitted, the 
assembly refused to adopt or sanction. - 

As the expenses of the campaign that followed were far 
greater than had been anticipated, it was necessary for the 
legislature to provide more money in order to pay off the 
men. Moreover, as the royal troops in America were to be 

^ Provincial Papers, vol. vi, pp. 709, 710, 712, 717. 1759. 
^Ibid., vol. vi, pp. 735, 736, 744, 745, 752, 756; New Hampshire 
State Papers, vol. xviii, p. 499. 



414 ^EPV HAMPSHIRE AS A ROYAL PROVINCE [rg6 

employed in other parts against the enemy, the colonies were 
called upon to furnish the forces required to keep Canada 
under control. After considerable debate it was resolved 
to emit £20,000 in sterling bills, both to pay off the forces 
engaged in the previous campaign and to provide the means 
for raising, levying and clothing the 534 men now required 
of the province.^ Instead of immediately passing the act 
providing for the emission of the £20,000, Governor Went- 
worth told the representatives that he was astonished at 
their pressing him to assent to a measure which was so 
repugnant to the laws of Great Britain and their own con- 
stitution. For these reasons, he desired them to make such 
changes in the act as would meet his objections, but they re- 
fused to do so as the bill was, in their opinion, agreeable to 
the constant practice of the government and was drafted on 
the same plan as several others passed during the war. 
They failed, however, to say that the bills referred to were 
signed by the governor practically under compulsion. Real- 
izing that it would be useless to contend further with the 
house, Wentworth affixed his signature to the bill.' 

In 1762, the province was called upon not only to provide 
as many soldiers as it had furnished the year before, but also 
to raise 143 recruits for the royal regiments that were still 
in America. Accordingly, an act was passed providing for 
the issue of £10,000 in sterling bills. A few months later, 
in order to provide for the supply of the treasury and for 
the redemption of the outstanding bills of the emissions 
which had been issued many years before in aid of the Louis- 
burg and Canada expeditions, £20,000 new tenor was or- 
dered imprinted, one half to be disposed of as the general 

^Provincial Papers, vol. vi. pp. 767. J72. 774. 777. 778, 779. 784, 785. 
1 761. 

' Ibid., vol. vi. pp. 785. 786. 



597] FINANCE 415 

assembly should order and one half to be used to redeem the 
bills just mentioned.^ 

When peace was made with France the following year, 
the long struggle which had been waged between the Eng- 
lish and the French for supremacy in North x\merica came 
to an end, with the former, whose flag now waved over the 
continent from the Atlantic ocean to the Mississippi, the 
victor. The thorn, which had been so long in the side of the 
colonies, was removed and the pioneer settlers were forever 
relieved from the insecurit}'- what had characterized the past. 
Soon signs of returning prosperity were seen on every side. 

After the close of the war, the legislature determined to 
rid the province of its paper currency as rapidly as possible. 
Accordingly, gold and silver coin was purchased and the 
money, which the agent received as the colony's proportion 
of the grants made by Parliament, was also devoted to 
the redemption of the bills of credit then in circulation. 
And, in so far as that money could thus be utilized, it 
lightened the burden of taxation, in that the sums thus ob- 
tained enabled the assembly to remit by that amount taxes 
which, in pursuance of the provisions of the various acts 
of emission, would have had to be raised for the redemption 
of the bills whose emission was therein authorized. Further- 
more, a resolution was passed that no more bills of credit 
should be issued out of the treasury, but that all demands 
should be paid in silver and gold.^ 

As there were, comparatively speaking, but small sums 
of paper bills in circulation in 1765, the treasurer was or- 
dered to receive the payment of the taxes then due either in 
gold or silver or in bills of credit at their present value. 
Conditions being similar the next year, the order was then 

^Provincial Papers, vol. vi. pp. Sio. 814. 818. 819. 844. passtni. 

^ Ibid., vol. vi, pp. 861, 878: vol. vii.pp. 40. 51. 52. 58,65,83. passim. 



4i6 ^ElV HAMPSHIRE AS A ROYAL PROVINCE [^gg 

renewed/ In the supply bill which was passed in 1767 
there was a grant of £400 with which to redeem outstanding 
bills of credit. But, as this did not prove to be sufficient, 
the treasurer, in February, 1768, was authorized to receive 
any further bills that were offered. Notwithstanding 
the fact that all the bills of credit, according to the acts of 
emission, should have been redeemed by the close of 1767, 
there were still a number in circulation in the summer of 
1768.^ The governor then most earnestly recommended 
that a sufficient fund should be provided to redeem the bills 
that were yet " passing as a currency solely upon the reli- 
ance placed on the good faith of the province." The house, 
however, apparently paid no attention to the matter. And, 
although his excellency again and again referred to the 
question, it was not until December, 1770^ that an act was 
passed, authorizing the treasurer to borrow money to re- 
deem what bills of credit yet remained in the possession of 
private persons and to give " notes of hand as treasurer in 
behalf of the province " to secure the repayment of the 
same and, in case the sum borrowed proved insufficient to 
redeem all the bills, the treasurer was directed to give " notes 
of hand " for such sums as were required to accomplish the 
end in view. A few days later, he was also ordered to re- 
ceive bills of credit in payment of taxes. By this means, al- 
most all of the paper money was redeemed. Still, in 1772, 
there were a few bills yet outstanding.* 

In June, 1764, the year following the close of the war, a 

^Provincial Papers, vol. vii, pp. 80, 83, 95, 108. 

^ Ibid., vol. vii, pp. 85, 152. It should here be said that in 1763 Par- 
liament forbade the passage of any more acts providing for the issue of 
paper money. 

""Ibid., vol. vii, pp. 187, 190, 198, 260, 263; Nezv Hampshire State 
Papers, vol. xviii, p. 598. 

*^ Provincial Papers, vol. vii, pp. 265, 302. 



599] FINANCE 417 

committee had been appointed to take under consideration 
the state of the currency with the view of deciding upon 
the steps necessary to establish silver and gold as a legal 
tender. At the same time, it was also to consider whether 
it would not be proper in some measure to restrain persons 
from taking so high a rate of interest as was commonly 
charged in the province. As a result of its deliberations, 
two bills were drafted and passed by the two houses. One 
set a stated value on coins current in the province, while the 
other prevented the exaction of exorbitant interest. Al- 
though both bills were sent to the governor several weeks 
before the assembly was dissolved, neither of them received 
his approval.^ 

When, a few months later, another assembly was sum- 
moned, both bills were re-introduced. After waiting some 
time for the governor to pass upon them, the representatives 
presented several messages, pressing him to assent to the 
measures. In one of these they said that, as the remaining 
business of the session depended entirely upon the passage of 
the two bills, they could not with any propriety pass a sup- 
ply bill or make a grant for the discharge of the provincial 
debts until they had his excellency's determination on those 
bills. In reply, the governor assured them that, as soon as 
the act to enable the treasurer to issue his warrants for the 
supply they intended to make, and the grants, came properly 
before him, he would either consent to or reject the whole 
that depended on the two acts in question.^ The house, 
however, determined not to proceed upon any further busi- 
ness until the bills were disposed of, and sent up a com- 
mittee to press the governor to approve the bills, and to 

^Provincial Papers, vol. vii, pp. 58, 74, yy. In the second bill, the 
legal rate of interest was fixed at 6 per cent. For the provisions of 
both bills, see the pages in vol. vii here given. 

^Ibid., vol. vii, pp. 69, y^, 74, 75. 



4i8 ^EW HAMPSHIRE AS A ROYAL PROVINCE [6oo 

request him, in case he could not then assent to them, to 
adjourn the assembly until he had fully made up his mind 
to approve or reject them. Thereupon, the governor signi- 
fied his approval of both measures. 

The two acts then continued in force until word was re- 
ceived that both had been repealed in the summer of 1768 
by the king in council.^ Upon being informed of the re- 
peal, the assembly, in February, 1769, appointed a commit- 
tee to consider what should be done to establish the value of 
money and prevent excessive interest being charged. As a 
result, another act was passed to restrain persons from tak- 
ing exorbitant interest, and a proclamation was issued by the 
governor, fixing the rates at which gold and silver coins 
should pass within the province." As this proclamation was 
not warranted by the act of Parliament, which regulated the 
value of foreign coins in the plantations, it was deemed by 
the authorities in England null and void from the beginning. 
Accordingly, an additional instruction was issued in Decem- 
ber, 1770, requiring the governor to take such measures, 
with the advice of the council, as were requisite to put an im- 
mediate stop to its operation. Furthermore, in case it was 
necessary to make provision by law to establish all proceed- 
ings made under color of the proclamation, he was per- 
mitted to assent to the passage of such a law as would an- 
swer that purpose.^ 

When Wentworth informed the representatives of the 
matter, in April, 1771,* the latter expressed surprise that 
the king had taken such action, for they declared it left the 
province destitute of any legal standard by which the value 

^Provincial Papers, vol. vii. p. 199. Order in Council, dated 12 
August, 1768. 

'^ Ibid., vol. vii, p. 274. This act was approved by the king; A'ew 
Hampshire State Papers, vol. xviii, p. 598. The proclamation was 
dated 2 March, 1769. 

^Ibid.. vol. xviii. p. 598. * Provincial Papers, vol. vii, pp. 281, 282. 



60l] FINANCE 41 g 

of the money passing among them might be regulated. 
However liable the proclamation was to exceptions, still it 
was, they said, the only rule they had, and, as it set the 
value of the coins at the same rates as were established in 
the neighboring colonies with the royal approbation, they 
could not conceive the reason that influenced the king in- 
disallowing it. When they learned the reason, they would 
cheerfully do what was necessary on their part " to establish 
a medium in the province, the usefulness whereof in the ad- 
ministration of justice as well as in levying taxes for his 
Majesty's service is self-evident." In the meantime, they 
would make the necessary grants and supplies according to 
the current value of the coins passing among them and 
would request the governor to lay before the king the un- 
happy situation of the province for want of an established 
currency that was a legal tender, to the end that the same 
might be considered and redressed. Finally, they declared 
themselves ready to confirm what had been done under 
color of the proclamation. Accordingly, a law was enacted 
for that purpose, and at the same time it was voted that all 
grants, allowances, assessments, and judgments and all pay- 
ments in business transactions should be made until further 
notice in the same currency as was designated in the supply 
bill which they were then considering.'' 

Although the excitement and agitation which followed the 
passage of the various acts designed by Parliament to raise 
a revenue in America was by no means so intense in New 
Hampshire as in some of the other colonies, still the views 
of the inhabitants coincided with those entertained by their 
brethren in those colonies, and the position which their 
representatives in the assembly took with reference to the 
question of taxation therein involved is clearly set forth in 
several of their addresses, resolves and other public docu- 
ments. 

^Provincial Papers, vol. vii, p. 282. 



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^22 ^^'£«^ HAMPSHIRE AS A ROYAL PROVINCE [604 

and regulation of the courts and in the enactment of laws 
pertaining to the administration of justice and the preserva- 
tion of the peace. 

Some time after tidings had been received of the king's 
intention to separate New Hampshire from the govern- 
ment of the Bay, an order was dispatched to the Boston 
magistrates, restraining them from exercising any further 
authority or jurisdiction over the inhabitants there. 
Furthermore, a royal commission was issued for the gov- 
ernment of the territory thus affected. In the latter it was 
stipulated that, when the new government went into oper- 
ation, the settlers should repair for justice and redress to 
the president and council therein named who were not only 
entrusted with the general management of affairs but clothed 
also with judicial powers. Together they formed " a con- 
stant and settled court of record " for the administration of 
justice, full power being given to the president and any 
five of the council to hold plea in all cases whatsoever, both 
criminal and civil. Before entering upon their duties, how- 
ever, they were to take an oath to execute their trusts faith- 
fully and administer justice impartially. Moreover, they 
were to prescribe a due and orderly method of procedure 
for the trial of all cases and allow both sides to be heard 
before rendering judgment, but in laying down the rules 
of procedure and in passing judgment they were to be 
guided by the laws and statutes of England in so far at least 
as the state and condition of the inhabitants and the cir- 
cumstances of the province would permit. The commis- 
sion gave them no power to remit fines or forfeitures or to 
grant pardons, but in all criminal cases, where the punish- 
ment involved the loss of life or limb, wilful murder alone 
excepted, they were required to either grant the prisoner 
a reprieve, pending a final decision by the king in council 
or else .send him to England, along with a true state of 



605] - JUSTICE 423 

his case. Furthermore, in all cases where the matter at 
stake was under the value of £50, the judgment and decree 
of the president and council were to be final, but where the 
amount involved exceeded that figure, appeal was to be al- 
lowed to the king in council, provided sufficient security 
was given by the appellant to pay the costs of the action 
in case the decision of the provincial court was affirmed/ 

The next commission which was issued for the govern- 
ment of New Hampshire passed the seals in May, 1682. 
It was the one granted to Edward Cranfield and followed 
closely the lines of those usually issued to royal governors. 
It gave the executive far more extensive powers than were 
vested in the president under the previous commission. 
Furthermore, his position in the government was charac- 
terized by greater independence of action. He was em- 
powered to appoint judges, justices of the peace, sheriffs 
and such other officers as might be found necessary for the 
maintenance of order and the proper enforcement of the 
laws, and to them he was to administer such oaths as he 
should find reasonable for the due performance of their 
duties and the clearing of the truth in judicial causes. 
Moreover, he could remit fines and forfeitures and pardon 
off'enders for all crimes except treason and wilful murder, 
and even in these cases he could " upon extraordinary oc- 
casions " grant reprieves until the king's pleasure in the 
matter was known. The provision respecting those sen- 
tenced to the loss of life or limb was the same as that con- 
tained in the previous commission while the one relating to 
the matter of appeals differed only in having an additional 
clause, expressly stating that execution was not to be sus- 
pended, pending the decision upon the appeal. In this 

^ New Hampshire Provincial Papers, vol. i, 376, zil, 379; Laws o 
New Hampshire, vol. i, 3, 4, 5. 



424 -^'"Eff HAMPSHIRE AS A ROYAL PROVINCE [606 

commission, also, the executive was authorized to execute 
martial law in time of invasion, insurrection or war. Un- 
like the previous commission nothing was said regarding- 
the establishment of any one particular court but there was 
a provision relating to the courts which ran as follows. 
" and we do give and grant unto you [i. e. Cranfield] full 
power and authority to erect, constitute, and establish such 
and so many courts of judicature and public justice . . . 
as you and they shall think fit and necessary for the hearing 
and determining of all causes, as well criminal as civil . . " 
The wording of this clause gave rise to a controversy, for 
it did not appear clear from the context whether the word. 
they, referred to the council or to the general assembly. Be- 
sides the commission, some of the instructions also related 
to matters of justice but they were of a somewhat different 
nature. Thus, one directed the executive to take care in 
passing laws that all fines and forfeitures were made pay- 
able to the king, for the support of the government and for 
the informer, except in special cases. Another forbade him 
to resort to any arbitrary^ methods of procedure in deter- 
mining cases at law. while still another authorized him to 
prepare and have enacted into law a bill, requiring jurors 
to possess such property qualifications as should be thought 
fit and proper.^ 

Sometime after Cranfield withdrew from the province, 
Xew Hampshire was included in the commission which was 
then being drafted for the government of Massachusetts, 
Maine and the Xarragansett countr}^ The type of govern- 
ment decided upon was similar in form to that introduced 
when Cutt was appointed president, but the powers con- 
ferred in the commission were more extensive. As in that 
case, the president and council formed " a constant and 

^ Laws of New Hampshire, \o\. i, 52: Provincial Papers, vol. i, 433 
to 444, S17, 556. 



607] JUSTICE 435 

settled Court of Record "' for the trial of all cases, but now 
it was expressly provided that such other courts —■'^''-- be 
established as should be found necessary'/ As usu^. ...ere 
was a provision allowing appeals to his Majest)-, but the 
amoiint involved in the suit had to be at least £300 instead 
of £50. while nothing wa? ^^'A about suspending execution 
pending the appeal. Th-: inistration of the president 

and council, being provisional in character, sir-:oly paved the 
way for one that was to be more th. . !y identified 
with the interests of the Crown. The change occurred late 
the same year,- when Sir E ds arrived in New 

England with a new commission for the government of the 
territory, to which the Ph-mouth colony was now added. 
Later it was still further enlarged, embracing a!' lonies 

as far south as the Delaware river. As in the previous 
commission, provision was made for " a constant and settled 
Court of Record " for the trial of all offenses. Its mem- 
bers consisted of the governor and council, who possessed 
the same powers as their immediate predecessors with re- 
spect to the erection of courts of justice. In the matter of 
appeals, it was provided that cases might be taken on a 
writ of error from the lower courts to the governor and 
coimcil. provided the value at stake exceeded the sum of 
£100 sterling and sufficient securit}- was given to pay the 
costs of the action in case the original sentence was affirmed. 
Furthermore, appeals were to be allowed to the king on 
the same conditions as were prescribed in the preceding 
commission, save that now notice of appeal had to be given 
within fourteen days after judgment was rendered. More- 

^ Proz-incial Papers, vol. i. 590: Laws of New Hampshire, vol. i, 
pp. 96 to 102. Joseph Dudley was appointed President. He and any 
seven councillors constituted a quorum. The new government went 
into operation in May, 1686. 

' December. 1686. 



426 ^EW HAMPSHIRE AS A ROYAL PROVINCE [608 

over, it was expressly stated that execution was not to be 
suspended pending the king's decision upon the appeal. 
The commission likewise contained provisions, similar to 
those in Cranfield's commission, respecting the power of 
the executive to remit fines and forfeitures and pardon 
criminals, but the clause requiring him either to send to 
England those sentenced to loss of life or limb or else grant 
them a reprieve until the king's pleasure was known, was 
omitted. Like Cranfield, too, the governor had power to 
appoint judges, justices of the peace, sheriffs and other 
officers of the law and was authorized to administer to 
them such oaths as he considered necessar3^ He could also 
execute martial law whenever occasion required and could 
erect admiralty courts for the trial of maritime offenses. 
According to his instructions he was to see that the men 
whom he appointed to office were wellaffected towards the 
government and were persons of estate and ability and 
" not necessitous people or much in debt." He was also to 
take special care that their commissions were not made out 
for any definite or fixed period, but were without limitation 
as to time. Then, again, he was not to remove them with- 
out good and sufficient cause to be signified to the Board 
of Trade. Moreover, he was not to remit any fines or for- 
feitures above £10 without his Majesty's permission but 
he could suspend payment of the same, pending the arrival 
of the king's decision in the case. Furthermore, he was 
not to dispose of any escheats until the king's pleasure in 
the matter was signified to him. Finally, he was to see that 
no man's life, member, freehold or goods were taken away 
or harmed except " by established and known laws, not 
repugnant to but as near as conveniently may be agreeable 
to the laws of England." ^ 

^Provincial Papers, vol. ii, 2-7; Laws of New Hampshire, vol. i, 
149-162. 



6o9] JUSTICE 427 

Upon the overthrow of the Andros government in April, 
1689, New Hampshire was left without a government im- 
posed by the authorities in England and this continued until 
1692, when a new and separate commission was issued for 
the government of the New Hampshire settlements, no 
further attempt being made to consolidate the various 
colonies under one executive. Unlike the commissions 
issued to Cutt, Dudley and Andros, the one now granted 
to Governor Allen did not provide for the establishment 
of any particular court. In this respect it followed Cran- 
field's commission. It also contained the same provision 
as that, respecting the erection of courts of justice. Un- 
like Andros' commission, nothing was said about allowing 
appeals from the inferior courts to the governor and coun- 
cil but in the instructions there were these words on the 
subject, — '' Inasmuch as it may not be fit that appeals be so 
frequently and for so small a value brought unto our gov- 
ernor and council, you [the governor] shall, therefore, with 
the advice of the council, propose a law to be passed wherein 
the method and limitation of appeals unto our governor and 
council may be settled and restricted in such manner as shall 
be found convenient and easy to our subjects in our said 
province." Appeal, however, from the governor and coun- 
cil to the general assembly was expressly forbidden. As in 
all the preceding commissions, provision was made for an 
appeal to the king and the conditions under which it might 
be made were the same as those laid down in Andros' 
commission, with this exception, that the amount involved 
was now set at £100 sterling instead of £300. Like the 
preceding governors, Allen possessed full power to appoint 
judges, justices of the peace, sheriffs and other officers, and 
he was commanded to exercise the same care when appoint- 
ing persons to office. He was likewise directed to admin- 
ister to them such oaths as were necessary and was for- 



428 NEW HAMPSHIRE AS A ROYAL PROVINCE [6io 

bidden to remove them without sufficient cause, which was 
to be signified both to the king and to the Board of Trade. 
He also enjo3'ed the same power of pardoning offenders as 
Andros enjoyed and was under the same limitations as to 
the remission of fines and forfeitures and the disposal of 
escheats as he was. Likewise he was commanded to see that 
no man's life, member, freehold or goods were taken away 
or harmed except by laws which were to be as consonant 
as possible to the laws of England. Like Andros, the gov- 
ernor could erect admiralty courts for the trial of all mari- 
time offenses, but nothing was said respecting his right to 
execute martial law.^ Then, too, there was an instruction, 
stipulating that no new courts should be established with- 
out his IMajesty's special order, while another directed him 
to transmit home a full account of the establishment of 
the courts, with a statement of their powers and fees. 

From this time on, the commissions underwent compara- 
tively little change. Both in form and in substance they 
varied little. In fact they show remarkable uniformity. 
Changes, of course, occurred in the phraseology and a few 
of the powers therein conferred were thereby more clearly 
defined or limited. Moreover, some provisions were al- 
tered or dropped entirely and new ones added here and 
there. Thus, in the subject under review, the amount neces- 
sa.ry in order to allow of an appeal to the governor and 
council was, in Bellomont's commission, fixed at £ioo. 
while, in order to carry the case to the king, the sum 
in question had to exceed £300. These also were the 
amounts designated in Dudley's commission. In the com- 
missions which were issued later in the century, nothing 
was said respecting the question of appeals, the mat- 
ter being fully covered by the instructions which the 

' Provincial Papers, vol. ii, 41 to 69; Laws of New Hampshire, vol. i. 
502-515- 



6ll] JUSTICE 429 

various governors received. For instance, in those 
which Belcher received, it was stipulated that an ap- 
peal might be brought in civil cases to the governor and 
council provided the sum appealed for exceeded £50 and 
proper security was given. Furthermore, it was stated that 
no councillor who had passed upon the matter in a judicial 
capacity in the lower court should vote upon the case when 
it was being heard upon the appeal, though he might be 
present to give the reasons which caused him to decide as he 
did. From the governor and council appeal might be taken 
to the king in all cases exceeding £200, provided the ap- 
pellant gave notice of an appeal within fourteen days and 
furnished proper security. When an appeal was taken, 
however, execution was to be suspended pending the king's 
decision in the matter unless good and sufficient security was 
given to make ample restitution of all the party appealing 
might gain in case the decree should be reversed. Accord- 
ing to Governor Wentworth's instructions, a case might 
be carried on appeal to England either when the amount 
involved in the suit exceeded £500 sterling or when the fines 
imposed for misdemeanors exceeded £100. In the same 
instructions, also, it was stipulated that no forfeitures or 
escheats should be disposed of until a sheriff's jury had in- 
quired into the value of them and no commissions to judicial 
officers should be issued except with the advice and consent 
of the council. Moreover the advice and consent of at 
least three of the council were also required before the gov- 
ernor could appoint any one judge or justice of the peace. 
Furthermore, the advice of the council was also required be- 
fore the executive could declare martial law. As the com- 
mission gave him no power to execute martial law in time 
of peace, he was now directed in the instructions to recom- 
mend to the assembly the passage of a suitable act per- 
mitting him to declare it whenever occasion required. An- 



430 ^EW HAMPSHIRE AS A ROYAL PROVINCE [612- 

Other instruction provided that officers of the customs should 
not serve on juries or in the militia or as parochial officers, 
while still another not only empowered the governor to 
call a court of exchequer as often as was necessary but di- 
rected him to inform the home government whether the 
needs of the service required the establishment of a per- 
manent court of that character. The most notable instance 
where the insertion of a few words in the commission made 
the meaning clear and unequivocal concerned the provis- 
ion relating to the courts of justice. In that case, the in- 
sertion of the phrase, " with the advice and consent of the 
council," made the words "and they" refer unmistakably to 
the council. Another instance which may here be cited as a 
case where a provision was dropped from the commission 
concerned the power of the governor to erect admiralty 
courts. Such a provision was omitted, as the authorities 
in England themselves provided for the erection of such 
courts ill America. As in the past, however, the governor 
continued to be vested with the powers of a vice-admiral and 
was commanded to see that the admiralty fees were the same 
as those charged in England.^ 

Having examined the commissions and instructions with 
the view of ascertaining the requirements of the Crown 
on the subject, it is now in order to find out what the legis- 
lature did in the matter. 

By the first assembly that was summoned in New Hamp- 
shire, that of March, 1680, little attention was paid to 
some of the provisions of the royal commission. In fact 
a few were ignored altogether, while others were in effect 
either nullified or modified by some of the laws which 
were passed. The directions, given to the committee which 

'^Provincial Papers, vol. ii, 64 to 70, 307, 36Q; vol. vi, 911 et seq.; 
vol. xviii, 17 to 32, 532 to 540; Laws of New Hampshire . edition 1771, 
p. 5 et seq. 



6l3] JUSTICE 431 

was appointed to put in proper legal form what the two 
houses had agreed upon in substance, were to formulate the 
laws "as near as may be according to the laws of England" 
and " to suit with the constitution of this province." In 
due time the committee laid before the assembly the gen- 
eral body of laws, which as slightly amended and approved 
by the latter, is usually referred to as the Cutt Code. Upon 
comparison it will be found that they contain much that is 
characteristic of the legislation of the Puritan common- 
wealths. Considerable was borrowed from Massachusetts, 
but the entire criminal code '' with the exception of a few 
sections and some slight verbal differences " were taken from 
the laws of New Plymouth. Nearly one half relate to 
capital and criminal offenses. Of the latter some twenty- 
five are enumerated and their punishment defined. Natur- 
ally this varied according to the nature and degree of the 
offence. Sometimes, too, it depended also upon the Court 
which could exercise in some cases a certain amount of 
discretion in determining the particular punishment. 
Branding the prisoner with a hot iron, or committing him 
to the stocks, or whipping him, or inflicting upon him some 
other form of corporal punishment, or fining him or simply 
legally admonishing him — such were the punishments pre- 
scribed. Of the greater offences eleven were made punish- 
able with death and five others with death or some other 
" grievous " punishment, while a third conviction for bur- 
glary also meant death or some other " grievous " punish- 
ment, so that there were in reality seventeen offences for 
which the death penalty might be imposed.^ The balance 

' Laws of New Hampshire, vol. i, 12 et seq., 748 et seq.; New Hamp- 
shire Historical Society Proceedings, 1876-84, p. 274 et seq.; Proceed- 
ings of American Antiquarian Society. 1876, p. 92 et seq.; New Hamp- 
shire State Papers, vol. xix, 671; Washburn, Judicial History of 
Massachusetts . passim. The offenses for which death was the only 



432 ^EJV HAMPSHIRE AS A ROYAL PROVINCE [614 

of the code comprised forty-five general laws. They dealt 
with many matters of more or less importance. Thus, 
there were laws covering the questions of bail, non-suit, de- 
fault, summons and attachment, while others had to do with 
the establishment of courts of justice, the rights of plaintiff 
and defendant, the duties of certain officials and the method 
of acknowledging judgment, selecting jurymen and admin- 
istering town affairs. Moreover, to provide for any con- 
tingency that might arise through want of a law in the 
code to cover the case, it was stipulated that the laws under 
which the people had been governed in the past should be a 
rule to them in all judicial proceedings in so far as they 
suited with their constitution and were not repugnant to 
the laws of England. Furthermore, all decrees and judg- 
ments rendered b}" the courts during the period when the 
New Hampshire settlements were under the control of 
Massachusetts were declared srood and valid. ^ 



fc>" 



penalty were idolatry, blasphemy, treason, wilful murder, manslaughter, 
murder "through guile,'' witchcraft, beastiality, buggery, false witness 
for the purpose of taking away a man's life and cursing of parents by a 
son. Those for which the penalty was death or "other grievous pun- 
ishment" were man-stealing, public rebellion, rebellion by a son 
against his parents, rape and arson, and a third conviction for burglary. 
The other offenses, for which a penalty was prescribed, were adultery, 
fornication, ante-nuptial defilement after contract and before marriage, 
burglary, robbery, larceny of ships, etc., attempts at such larceny, 
larceny of money and other chattels, petty larceny, profanity, habitual 
profanity, profaning the Lord's day. contempt of God's word or His 
ministers, forcible detainer of possession, conspiracy against the pro- 
vince and defamation of its magistrates, forgery of deeds, defacing and 
embezzling public records, attempt to corrupt officers, lying, burning 
and breaking down fences, removing or defacing landmarks, unlawful 
gambling of any kind, drunkenness and firing of woods at certain times. 
' Orders similar in tenor to these provisions were issued later; both by 
President Dudley and Governor Andros, while the latter's instructions 
distinctly stated that pre-existing laws should continue in force until 
others were passed to replace them. 



6i5] JUSTICE 433 

During the time that the laws were before the assembly 
for correction and amendment, Richard Chamberlain, the 
secretary of the province and a stanch supporter of the pre- 
rogative, made some remarks upon them. In the first place 
he took exception to the whole system in general as being 
collected for the most part out of the Massachusetts laws. 
" Surely," said he, " it would not stand well with the mind 
and pleasure of his Majesty that we here should cast off 
obedience to their jurisdiction and yet voluntarily submit 
to and yoke ourselves so inseparably to their laws." Furth- 
ermore, he declared that the laws were unnecessary as the 
king had sent over " a great volume of laws copiously and 
accurately done to their hands." Finally, he objected to 
many of them on the ground that they were repugnant to 
or inconsistent with the English statutes and the provisions 
of the royal commission. But, except in some minor par- 
ticulars his objections were overruled.^ 

With the way in which the president and council ad- 
ministered the government the authorities in England were 
highly displeased, while the manner in which some of the 
provisions of the commission were violated created great 
dissatisfaction and called forth words of condemnation. In 
December, 1681, the Lords of Trade expressed themselves 
as highly displeased both " with the style and matter " of 
the laws sent over and said they would offer them all to the 
king for rejection. Moreover, they declared that the laws 
of England should be in force in New Hampshire, except 
where any particular circumstance of the place required any 
alteration, which was to be provided for by particular and 
subsidiary laws. Furthermore, they agreed to report that 
the proceedings of the government had been so irregular 
that it would be necessary to send some one over to settle 

'•^ New Hampshire State Papers, vol. xvii, 544-6. Cf. 541, 551. 



434 ^^^ HAMPSHIRE AS A ROYAL PROVINCE [6i6 

the country under such commission and instructions as were 
usually given to royal governors. And, again, the follow- 
ing month, they declared that most of the public acts and 
orders were " so unequal, incongruous and absurd and the 
methods whereby the council and assembly had proceeded 
in the establishment of the same so disagreeable and re- 
pugnant to the powers and directions " of the commission, 
that they could not hope for such a settlement and regula- 
tion of officers in the province as their dependence upon the 
king and the preservation of peace required unless some fit 
and able person, of whose fidelity and sufficiency his Majesty 
was well assured, was appointed to settle the place under 
such a form of government and such laws as were necessary 
for the regulation and improvement of the same. As a 
result the laws were disallowed and a new commission, 
similar to those usually granted to royal governors, was 
issued for the government of the country.^ 

Soon after Edward Cranfield, whom the king then ap- 
pointed executive head of the province, arrived in Ports- 
mouth, a controversy arose as to whether the assembly had 
a voice in the establishment of the courts. As Cranfield 
contended that it had no voice in the matter, he would not 
allow the lower house to pass any laws, providing for the 
establishment of courts of justice. The representatives, 
therefore, were compelled to confine their attention, so far 
as the administration of justice was concerned, to passing, 
in conjunction with the governor and council, laws that 
enumerated the various crimes and prescribed the respective 
penalties, that defined the qualifications of jurors and regu- 
lated the taking of bail, the issue of writs, summons and at- 
tachments and other matters of detail. 

^ Laws of New Hampshire, vol. i, 45, 787; Calender of State Papers, 
1681-5, ?467- 



6i7] JUSTICE 435 

The body of laws which the assembly passed and the 
executive finally approved was by no means so extensive or 
comprehensive as the Cutt Code. In fact the whole covers 
only a small portion of the ground occupied by the latter and 
in print takes up less than one-fourth as many pages. Not 
only was there a great reduction in the number of capital 
crimes mentioned, but the punishment prescribed for the 
lesser offences was also less severe. Moreover, not a single 
capital offense was made punishable with death upon the 
first conviction and only two upon the second. Further- 
more, not half as many offences are mentioned in it as in the 
Cutt code. The provisions, relating to bail, non-suit, de- 
fault, summons and attachment are the same as in the latter. 
Unlike that, however, it provided, as in England, for the 
selection of jurymen by the sheriff instead of by the freemen 
of the town, and it defined the jurisdiction of justices of 
the peace in civil cases. Except in the particulars above 
referred to there was striking similarity between the two 
sets of laws.^ Although these laws were regularly ap- 
proved by Cranfield, the latter wrote home, requesting that 
they be disallowed as it might, he thought, " be the means 
of having better made for the future." " Tn the mean- 
time," he continued, " I govern them by the laws of Eng- 
land." On account of the strained relations which existed 
between the executive and the assembly during the balance 
of Cranfield's administration, other attempts at legislation 

^Proceedings of New Hampshire Historical Society, 1876-84, p. 289 
et seg. The Cranfield code recognizes as crimes only adultery, fornica- 
tion, ante-nuptial defilement after contract and before marriage, burg- 
lary, robbery, larceny of ships, etc., attempts at such larceny, larceny 
of money and other chattels, profanity, lying, drunkenness, profaning 
the Lord's daj', contempt of God's word and His ministers, burning 
fences and destroying landmarks. All of these are treated in the Cutt 
code. Laws of New Hampshire, vol. i, 58 et seq., 791; [Proceedings of 
American Antiquarian Society, 1876, p. 92 et seq. 



436 ^^EW HAMPSHIRE AS A ROYAL PROVINCE [6i8 

were rendered practically impossible, and, as a matter of 
fact, during that time only one act was passed and that 
was passed solely because the home government urgently 
desired it. 

During the administrations of President Dudley and Gov- 
ernor Andros there were no assemblies. Consequently the 
people had no voice either in the making of the laws or 
in the establishment of courts of justice. In the commis- 
sion, however, which was granted to Governor Allen in 
1692, as well as in those which were issued later, the call- 
ing of an assembly was authorized. As a result the in- 
habitants, through their legally elected delegates, again took 
a prominent part not only in making laws but in providing 
for the erection and regulation of the courts. 

Althousfh from the instructions which Governor Andros 
received it is evident that the Crown intended that all pre- 
existing colonial laws, not repugnant to the English statutes, 
should be regarded as possessing a continuing validity until 
formally repealed by the king in council or legally displaced 
by others, it appears from the answer which the council gave 
Lieutenant Governor Usher in 1692, when he asked them 
.what laws were then to be regarded as still in force in the 
province, that that body did not consider the matter in the 
same light. For, when the question was put to them, they 
replied that, considering the many revolutions and changes 
in this province for several years past, they were of the 
opinion that there were no laws nor standing revenue in 
the province when his honor arrived there, so that what is 
necessary for the king's service and the support of the gov- 
ernment are to be enacted by the legislature. And, it is a 
significant fact, that, when Governor Dudley was requested 
by the home government in 1702 to send over copies of all 
the laws then in force, he forwarded none that were enacted 
prior to 1692. The laws that were passed by the first as- 



6l9] JUSTICE 437 

sembly which Usher summoned did not, however, constitute 
a code nor were they intended to/ In fact, no assembly ever 
adopted a complete code of laws. As a rule laws were 
passed only as needed. Moreover, such a code was not 
called for by the authorities in England, for the English 
laws were to be in force in the province in so far as the 
state and condition of the inhabitants and the circumstances 
of the country permitted. Naturally, many of the English 
laws were unsuited to a people living in a new country while 
others were quite inapplicable. Physical, political, social 
and industrial conditions on this side of the Atlantic were 
different from what they were in England. Moreover, the 
laws by which the people had been governed during the 
period of nearly forty years that the New Hampshire settle- 
ments were under the jurisdiction of Massachusetts, had 
never been officially transmitted to the home government for 
inspection, for the latter did not then require that colony to 
send its laws to England for confirmation or repeal. After 
having lived, therefore, for so many years under laws, many 
of which were repugnant to or inconsistent with the English 
statutes, it is not surprising that a considerable part of what 
the New Hampshire legislature later enacted was at least 
based upon the laws in force prior to 1679 and that much 
of the common and unwritten law of that period continued 

^ Laws of N. H., vol. i, 524 et seq. The acts which the assembly 
passed were not comprehensive in character but rather fragmentary 
and few in number. In fact there were only eleven of them. In gen- 
eral they were framed to meet the particular emergencies then existing. 
No crimes were defined. The work of all the assemblies which were 
summoned during Usher's administration is much the same in character. 
This may be said of most of the assemblies summoned during the pro- 
vincial period. Gradually what was wanted to round out the province 
laws was supplied and something approximating a code was the result. 
For the crimes which were later embraced in the province laws, see 
Provhice Laws, edition 1761, p. 11 et seq., 27, 43 ^f seq.. 48, passim. 



438 NEW HAMPSHIRE AS A ROYAL PROVINCE [620 

to be recognized both by the courts and by the people 
throughout the entire provincial period. In this con- 
nection, too, it must not be forgotten that the province 
joined Massachusetts on the South, that the inhabitants 
had important business and social relations with the 
people of that colony and that for over forty years 
during the provincial period the governor of Massachu- 
setts was also the governor of New Hampshire. It was 
quite natural, also, that complicated and cumbersome Eng- 
lish laws should be replaced by others which were simpler 
and more direct. The laws relating to inheritances, the 
ownership and occupation of real estate and the transfer 
of rights in the same were very different from and simpler 
than those in England. Instead of the intricate and arti- 
ficial system of English conveyancing there was a simple, 
yet comprehensive system. Instead of the doctrine of primo- 
geniture in cases of descent, there was the doctrine of equal- 
ity, except that the oldest son received a double portion as 
under the Jewish law. Real estate was made liable for debts, 
and all estates were allodial. Contrary to the English rule, 
also, cases at law and equity were heard by the same court. 
Moreover, as marriage was regarded as a civil, contractual 
relation it was regulated and sanctioned by the civil author- 
ity, and, as divorce was regarded as a breach of that con- 
tract, the civil authority had a right to grant redress. Acts 
granting divorce were passed by the legislature. Then, 
again, unlike the custom in England, ministers of the gospel 
were elected by the people of the towns. Furthermore, the 
form of taking an oath was not, as in England, by swearing 
upon the Bible but by holding up the hand. Although other 
cases might easily be cited, those already given indicate in 
some measure the extent of the differences existing in the 
customs and laws of the mother country and her colony. 



621] JUSTICE 439 

To a very great degree the latter simply borrowed from 
Massachusetts. 

Although, under the law of 1693, it was made the duty 
of the secretary of the province to send to the various towns 
written copies of the laws as they were from time to time 
passed by the legislature, the need of having printed copies 
was in time sorely felt, for many people did not know 
exactly what the law was on this or that subject and it was 
difficult for most of them to find out what they sought. To 
remedy this committees were appointed from time to time 
by the legislature to supervise and collect the laws in a 
body so that they could be printed. Directions also were 
given to remedy any defects in the laws and draft new 
ones where they found such necessary. As a result various 
collections of province laws were made and some were pub- 
lished but no complete and full collection was ever made. 
For some reason all the permanent laws were not included 
while none of them contained many of the temporary laws. 

Although governors were directed to have all the pro- 
vince laws as passed sent to England, there is evidence to 
show that this was not always done. Moreover, it does 
not appear that they were always acted upon by the authori- 
ties there nor did the latter apparently consider it necessary 
to ascertain for themselves whether the repeal of acts form- 
erly disallowed by the Crown was officially published in the 
province but it is clear that some acts regularly repealed by 
the king were continued in full force and remained on the 
statute books until after the Revolution. 

Although the commission which was granted to President 
Cutt in 1679 <^^id not contain a provision, giving either the 
president and council or the assembly, power to constitute 
and establish courts of justice, still it might possibly be 
inferred from the recommendations which the president was 
authorized to make to the assembly that such power was 



440 NEW HAMPSHIRE AS A ROYAL PROVINCE [622 

implied, for, in the commission the president was directed to 
recommend the passage of such acts and ordinances as 
might most contribute to estabhsh the people in obedience 
to the royal authority and tend to their own preservation 
in peace and good government. However that may be, 
it is certain that the deputies construed the commission as 
giving them a voice in the matter and to this the president 
and council offered no objection.^ By the terms of the law 
which was then passed the highest court in the province 
was to consist of the president and council and the members 
of the lower house, and was to meet regularly on the first 
Tuesday in March, the day set apart for the annual meeting 
of the general assembly for purposes of general legislation. 
In other words it was simply the entire legislature acting 
in a judicial capacity. It was not intended as a court for 
the trial of cases in the first instance, but was designed to 
hear and determine such actions as were brought up on ap- 
peal from the inferior court. The following year, the date 
for the regular meeting of the court was changed to the 
first Tuesday in September. Besides this tribunal the act 
also provided for an inferior court, to consist of the presi- 
dent and any six of the council, who were empowered to 
hear and determine all cases and authorized to hold three 
sessions a year, one in Dover on the first Tuesday in June, 
one in Hampton on the first Tuesday in September and one 
in Portsmouth on the first Tuesday in December.- From 
their decision one appeal was allowed to the highest court, 

^ New Hampshire Provincial Papers, vol. i, 379. Note also the 
language of the order of Februarj'^ 16, 1680, in Laws of New Hampshire^ 
vol. i, p. II. 

"^ Laws of New Llainpshire, vol. i, 25, 38, 7H6; Provincial Papers, 
vol. i, 387, 392, 395 el seq. The commission provided that the presi- 
dent and any five councillors should constitute a court for the trial of all 
cases. 



623] JUSTICE 441 

provided the appellant gave bond to prosecute the appeal 
according to law. As so many sessions were attended in 
so small a province with considerable expense, the number 
was reduced the next year to two. These were to be held 
on the first Tuesdays of every June and December, it being 
stipulated that the court should sit in Dover the following 
June, in Hampton the succeeding December, in Portsmouth 
the next June and so on in rotation. For the more speedy de- 
termination of petty cases it was provided that any member 
of the council might determine suits where the sentence 
to be imposed did not exceed a fine of forty shillings or the 
penalty of being put in the stocks or whipped not more 
than ten stripes. In all such cases, however, an appeal 
could be taken to the next court for the trial of actions. 
Furthermore, the law provided that any one might have an 
action reviewed in any court, but, if he still persisted in 
a course of law after being twice cast upon a review and 
was again cast, his case was then to be judged vexatious 
and he compelled to pay double costs and such fine as the 
court should determine, not exceeding, however, five pounds. 
Moreover, except for capital offenses and contempt in open 
court, there was to be no imprisonment before sentence, 
provided sufficient security, bail or mainprize was given. 
As in Massachusetts, jurymen were to be chosen by the free- 
men of the various towns. Although the commission re- 
quired that appeals should be allowed to the king, the law 
was silent on that point. In truth, the new government 
was strongly averse to the principle of allowing appeals to 
be made to any authority outside the province, and in an 
address sent to the king in June, 1680, the president and 
council " humbly suggested whether the allowance of ap- 
peals, mentioned in the commission, may not prove a great 
occasion, by means of malignant spirits for the obstructing 



442 NEW HAMPSHIRE AS A ROYAL PROVINCE [624 

of justice among us," and begged that a favorable con- 
struction be given to what they suggested.^ 

Soon after Cranfield's arrival in the province in 1682, 
a controversy arose over the question of establishing courts 
of justice. Cranfield, on the one hand, claimed that the 
power to erect courts of justice was vested in him, while 
the representatives, on the other hand, maintained that they 
also had a voice in the matter, and, as proof of their con- 
tention, they referred to that clause of the commission which 
ran as follows : "And we do give and grant unto you 
[Cranfield] full power and authority to erect, constitute 
and establish such and so many courts of judicature and 
public justice ... as you and they shall think fit and neces- 
sary ..." In this clause they contended that the words 
and they referred to the general assembly while Cranfield 
declared that they were put in by mistake on the part of 
the clerk who engrossed the commission. As found in the 
commission, it is impossible to say with any degree of cer- 
tainty to what the word they refers. It might be made to 
apply equally as well to the councilors as to the representa- 
tives, but when we take into consideration the fact that the 
establishment of courts of justice was a prerogative of the 
Crown and compare the clause with those found in some of 
the later commissions, it seems clear that the words in ques- 
tion were intended to refer to the council and meant that 
the governor was to consult with the latter on the subject 
and secure its approval before erecting courts, for in the 
commissions referred to the clause is as follows : "And we 
do give and grant unto you [the governor] full power 
and authority, with the advice and consent of the council, 
to erect, constitute and establish such and so many courts of 
judicature and public justice ... as you and they shall 

'^Provincial Papers, vol. i, 387, 392, 395, 402, 406. 412; Laws of Neiv 
Hampshire, vol. i, 23, 25, 38, y^ passim. 



625] JUSTICE 443 

think fit and necessary ..." It will thus be observed 
that with the exception of the words " with the advice and 
consent of the council," the clause is worded exactly the 
same as the one found in Cranfield's commission. The in- 
sertion of these words, however, renders the meaning clear 
and unequivocal. The lieutenant governor's contention, 
therefore, that the words in question were put in by mis- 
take appears to be erroneous, for it seems clear that the 
ambiguity arose from the omission, perhaps through over- 
sight on the part of the clerk, of the words which appear 
in the later commissions. He seems to have been right, 
however, in maintaining that the assembly had no power 
to establish courts of justice. Confident at the time that 
the power was vested in him, he refused to permit the lower 
house to pass any laws establishing the courts and pro- 
ceeded himself to erect such as were necessary. Accordingly 
the courts were fashioned after the English courts and 
the method of selecting the jury was the same as that in 
vogue in England. Many irregularities, however, were 
practised and it appears that the courts were run more in 
Cranfield's interests than in those of the people. Indeed, 
his arbitrary conduct with regard to the administration of 
justice was the cause of much of the uneasiness and unrest 
which characterized his administration. Not only were the 
judges and other officers of the law threatened or removed, 
if they did not do his bidding, but the fees were raised and 
the cost of actions unduly increased. Furthermore, it was 
claimed that cases were tried before packed juries. It was 
also a matter of complaint that persons who offended the 
governor were imprisoned or compelled to give heavy bail, 
even when no crime was charged against them and that the 
court charges were exacted in money, so that those who 
could not pay in specie were imprisoned, even though they 
tendered goods in lieu thereof. Moreover, people com- 



444 ^^^^^ HAMPSHIRE AS A ROYAL PROVINCE [626 

plained that the method of procedure in the courts was ir- 
regular and arbitrary and that judges and jurors were 
sometimes interested in the issue of the cases brought be- 
fore them. 

At last, these and other matters were presented against 
Cranfield in certain articles of complaint which were placed 
before the king by Nathaniel Weare, who had been pri- 
vately sent over by the inhabitants to seek relief. When 
the lieutenant governor heard of this and learned from the 
petition that he was charged with engrossing " the whole 
power of erecting courts . . . exclusive of the general as- 
sembly . . . ," he issued an order, suspending executions 
in both Mason's concerns and his own until the question as 
to the legality of the courts which he had erected was finally 
determined by the authorities in England. When the 
Lords of Trade, however, to whom the articles of com- 
plaint had been referred, presented their report to the king, 
nothing was said respecting the legality of the courts of 
justice, so that it is to be assumed that they construed the 
commission as vesting in the governor the power to erect 
them. The courts, thus established, therefore, continued 
to be the regular courts of justice until June, 1686.^ 

On the tenth of that month. President Dudley, by virtue 
of the terms of his commission which vested in himself and 
the council full power and authority to erect such county and 
other inferior courts as they should think fit and necessary, 
published an order providing for the establishment of the 
courts. To the end that justice might be equally distri- 
buted throughout the territory designated in the commis- 
sion, it was provided that each county or province should 
have a court, to be held and kept as a court of pleas and 
general sessions of the peace. In New Hampshire such a 

^ Pyovincial Papers, vol. i, 493. 536. 55^, 4.'^7, 564, 5i7, 547. 569, 2,57 
593; vol. vi, 911. 



627] JUSTICE 445 

court was to hold two sessions a year, one at Great Island 
and one at Portsmouth, the first session to begin on the first 
Tuesday in October and the second on the first Tuesday in 
April. As justices, any member of the council residing in 
the province and such others of the council as should 
" think fit to be present " were to officiate, along with such 
justices of the peace as might be commissioned for that par- 
ticular purpose. For the transaction of business, three jus- 
tices, one of whom had to be a member of the council, were 
necessary. In respect to jurisdiction, the court had full 
power and authority to hear and determine all civil cases and 
such criminal actions as did not extend to life and limb. 
From the judgment rendered, appeal lay in all civil cases to 
the president and council who constituted a " stated superior 
court of grand assize and jail delivery " for the entire terri- 
tory. They were to hold three sessions a year in Boston, 
on the first Tuesdays of November, March and July. Be- 
fore them were to be tried and finally issued all cases of 
appeal, all capital cases, all pleas of the Crown and all such 
matters as were " above the cognizance of inferior courts 
and proper thereto to be determined, saving always unto all 
persons liberty of appeal unto his Majesty in council as in 
and by his Majesty's royal commission is granted, limited 
and appointed." For the more ready dispatch of small 
causes, the order provided that the president or any member 
of the council or any two justices together should have 
power to dispose of all matters where the damage, includ- 
ing costs, did not exceed forty shillings, but in all such cases 
an appeal might be taken to the next county court but no 
higher.^ 

The following year, only a few months after Dudley was 
superseded in the government by Sir Edmund Andros, the 

^Provincial Papers, vol. i, 593, 594, 595; Laws of New Hampshire, 
vol. i, 96, 99. 



446 NEPV HAMPSHIRE AS A ROYAL PROVINCE [628 

judiciary was again reorganized. By virtue of the legis- 
lative powers vested in the governor and council by the new 
commission, a law was passed, providing that the justices 
of the peace of each county or province should hold quarterly 
Courts of Sessions for the purpose of hearing and deter- 
mining all matters relating to the conservation of the peace 
and the punishment of offenders and whatever else was by 
them cognizable according to law. For the province of 
New Hampshire, such a court was to be held in the town of 
Portsmouth on the first Tuesdays in March, June, Septem- 
ber and December. At the same time and in the same town, 
a judge, assisted by two or more of the justices of the pro- 
vince, was to hold an Inferior Court of Common Pleas to 
dispose of all cases up to the value, including costs, of ten 
pounds, except such as being below forty shillings, were 
cognizable before the justices of the peace, and such others 
as involved any freehold. From the judgment rendered, 
an appeal could be taken on a writ of error to the superior 
court, provided it was made within ten days after judgment 
was given. As for the Superior Court, that was to have 
cognizance of all manner of pleas, civil, criminal and mixed, 
with power to give judgment in the same and award execu- 
tion in as full and ample manner " to all intents and pur- 
poses " as the English courts of King's Bench, Common 
Pleas and Exchequer. For the convenience of the inhabi- 
tants, the court was to make a regular circuit of the entire 
territory twice a year, sitting in the various towns desig- 
nated in the act upon the days therein appointed. For the 
judicial district, embracing New Hampshire and the western 
part of Maine, the sessions were to begin at Portsmouth on 
the Monday following the first Wednesday in September 
and March and could, if necessary, be continued for three 
days which was also the limit fixed for the sessions of the 
Inferior Court and the Court of Quarter Sessions. Where 



629] JUSTICE 447 

issues of fact arose in any of these courts, it was provided 
that such cases should be tried before a jury of twelve men 
of the vicinage. Furthermore, the law expressly stipulated 
that the forms of procedure used and the judgments ren- 
dered should be as consonant and agreeable to the laws of 
England as the present state of the inhabitants and the place 
permitted. In cases of error, appeal lay from the Superior 
Court to the governor and council in all civil cases, provided 
as prescribed in the commission, the value appealed for ex- 
ceeded the sum of one hundred pounds sterling and sufficient 
security was given to defray the costs of the action in case 
the judgment of the trial court was affirmed. Finally, from 
the decision rendered by the governor and council, who 
acted as a court of appeals, no appeal was to be allowed un- 
less the amount involved exceeded three hundred pounds 
sterling, in which case the matter could be carried to the 
king in council provided the conditions laid down in the 
commission were complied with. Besides these courts, the 
law provided also for a Court of Chancery, to consist of the 
governor, or his appointee, and at least five of the council 
who were to hear and determine all matters of equity in as 
full and ample a manner as the High Court of Chancery in 
England. From their decision appeal was allowed to the 
king when the matter in difference exceeded three hundred 
pounds sterling. For the disposal of all cases, not ex- 
ceeding forty shillings, excepting such only as involved 
title to land, provision was made that they should be deter- 
mined by any of the justices of the peace residing in the dis- 
trict, who were to keep a fair record of the proceedings and 
grant on demand trials by jury in all cases involving mat- 
ters of fact, provided the costs of the same were defrayed 
by the party desiring it.^ 

^ Laws of New Hampshire, vol. i. iqo et seq.. 260, 372, 476. The 
law was passed in March, 1686-7. 



448 NEPV HAMPSHIRE AS A ROYAL PROVINCE [630 

Upon the overthrow of the Andros regime in the spring 
of 1689 the whole system of government which had been 
buih up under it fell to pieces. As a result, New Hamp- 
shire was left without a government imposed by any ex- 
ternal authority. As there were no longer any provincial 
courts, each town was left to administer justice as it saw 
fit. When, at last, the inhabitants were practically forced 
by circumstances to seek a union with Massachusetts, that 
government admitted them and confirmed the list of justices 
of the peace which had been submitted by the inhabitants 
of the several towns. Although New Hampshire was then 
virtually a part of Massachusetts and enjoyed the benefit of 
the latter's laws, nevertheless, owing to the unsettled state 
of affairs, due to the trouble with the Indians, the legal 
settlement of the courts was prevented, although a tem- 
porary arrangement was at last effected for the convenience 
of the inhabitants. 

In the summer of 1692 the union was dissolved in conse- 
quence of the publication of a new royal commission which 
had been issued for the government of the New Hampshire 
towns. This contained the same provision respecting the 
establishment of courts of justice as was found in Cran- 
field's commission. The words, therefore, were susceptible 
of the same interpretation, but when the assembly convened 
and proceeded to draft a law for the establishment of the 
courts, Usher, the lieutenant governor, does not appear to 
have asserted for himself, as Cranfield did, the right to 
erect them, nor is there evidence to show that there was any 
controversy between the different branches of the legislature 
as to the interpretation of the words " and they." The 
result was that the courts were legally established by an act 
of the entire legislature and not by a mere order of the 
governor and council. And from this time on, whenever 
changes were made in the orgfanization and regulation of 



631] JUSTICE 449 

the courts, the representatives always had a voice in the 
matter, and for the greater part of the provincial period 
their right to do so was not seriously questioned. Accord- 
ing to the law which the assembly passed, the disposal of 
very small cases was entrusted to the justices of the peace, 
who, in the towns in which they resided, were given full 
power to determine causes, including actions for debt and 
trespass, up to the value of forty shillings, all of which were 
to be heard and finally determined by the justices without 
a jury, unless either of the parties concerned demanded one, 
in which case the same was to be granted but at the expense 
of the person desiring it. As under Andros, there was to be 
a quarterly Court of Sessions for the trial of criminal of- 
fenses. This was to meet at the same place and upon the 
same day as were appointed during that administration, but 
the sessions were to continue for only two days instead of 
three as in that instance. Furthermore, in the same town 
there were to be held every year by a judge and three assis- 
tants, four Courts of Common Pleas, the sessions of which 
were to begin on the day following the termination of the 
Courts of Quarter Sessions and continue, if necessary, for 
three full days. With respect to jurisdiction, it was pro- 
vided that the justices should have full power and authority 
to determine all cases, triable at the common law, up to the 
value of twenty pounds sterling, excepting only such actions 
as involved titles to land. From the judgment rendered 
appeal lay to the Superior Court which was to consist of at 
least four justices, of whom two with the chief justice 
formed a quorum. This court was to hold two sessions a 
year in the town of Portsmouth, beginning on the last Tues- 
day in April and October and continuing in each instance 
for a period of not more than six days. It had the same 
jurisdiction as the Superior Court had under Andros. Now 
the law expressly stated that actions might be commenced 



450 ^EW HAMPSHIRE AS A ROYAL PROVINCE [632 

in it or removed to it from the lower courts, and also any 
judgment, information or indictment brought before it from 
those courts either by warrant, writ of error or certiorari. 
Moreover, it could correct errors of judgment, if such were 
found. From this court an appeal might be taken to the 
governor and council, if the value appealed for exceeded 
fifty pounds. This law, also, provided for a Court of 
Chancery, to consist of the governor, or his appointee, and 
such of the council as he should select. This had the same 
power and jurisdiction as the Chancery Court had during 
the administration of Governor Andros. From the gov- 
ernor and council appeal might be made to the king in all 
civil cases where the amount involved exceeded one hun- 
dred pounds, as prescribed in the commission.^ 

On account of the war with the Indians the legislature 
then deemed it best to pass a temporary act, providing that 
no royal action nor any writ of ejectment for the possession 
of or title to land nor any personal suit where the value 
sued for exceeded twenty pounds should be prosecuted in 
the courts by any person during the continuance of the 
struggle or within two years after the close thereof.^ 

Except for a few slight alterations, the law providing for 
the establishment of the courts remained unchanged until 
Lord Bellomont arrived in the province in 1699.^ Then, 

^ Laws of New Hampshire, vol. i, 514 et seq. 

"^ Lbid., vol. i, 535. The act was passed in October, 1692. 

"^ Lbid., vol. i, 513, 570, 602; Provincial Papers, vol. iii, 16, 85, 218; 
vol. xix, 702, 703, 704, 705. As certain alterations in the time of hold- 
ing the courts were found desirable, the days appointed for the sessions 
of the Superior Court were in May, 1694, changed by legislative act 
from the last to the first Tuesday in April and October, while, in April, 
1698, in consequence of the inconvenience and expense occasioned by 
having no particular day of the week set apart for the opening of the 
Court of Common Pleas, the legislature designated the first Wednesday 
after the Quarter Sessions began as the day on which the Court of 
Common Pleas should sit, irrespective of whether the Quarter Sessions 
had then finished its business or not. 



633] ^^^^^^^ 451 

in consequence of a petition which he received against the 
judges of the Superior Court, he issued a proclamation, 
according to which only the justices of the peace and the 
constables were continued in office. This terminated the 
commissions of the other justices. Before, however, others 
were appointed, the courts were remodelled by virtue of a 
law which received the governor's approval on the 17th 
of August. According to the new law the Court of Quarter 
Sessions, the Court of Common Pleas and the Superior 
Court were to hold as many sessions in Portsmouth as un- 
der the old law, and, in the main, the jurisdiction and con- 
stitution of the courts remained the same except in such 
particulars as are noted below. No provision, however, 
was made for a distinct and separate Court of Chancery for 
the trial of cases in equity. As before, justices of the 
peace were vested with power to determine all cases up to 
the value of forty shillings, excepting such as involved titles 
to land, but the party aggrieved now had the privilege, on giv- 
ing proper security, of appealing in civil cases from the judg- 
ment to the Court of Common Pleas. Henceforth the latter 
was to meet one day later than had hitherto been the cus- 
tom and it could apparently continue its sessions until all 
the cases before it were disposed of. The same, too, may 
be said respecting the number of days the Superior Court 
might remain in session. As for the Court of Quarter Ses- 
sions, that was to consist of the justices of the peace or so 
many of them as were designated in the commission of the 
peace to form a quorum, while its sessions were to begin upon 
the same day and continue for the same length of time as 
heretofore. Although the appellate jurisdiction of the Su- 
perior Court remained the same, its original jurisdiction in 
civil suits was by this act confined to cases, the value of which 
exceeded the sum of twenty pounds, actions involving titles 
to land alone excepted. Furthermore, it was to meet in the 



452 ^VfiPF HAMPSHIRE AS A ROYAL PROVINCE [634 

future on the second Tuesday of every August and Febru- 
ary. Under the new law, too, the justices of both the 
Inferior and Superior courts were vested with certain pow- 
ers of chancery, being empowered to moderate the rigor of 
the law in equity cases and proceed, in disposing of them, 
upon rules of equity and good conscience. With regard 
to the question of appeals, the provisions of the law were, 
that an appeal might be taken in civil cases from the judg- 
ment of the justices of the peace to the Court of Common 
Pleas and from the latter cases might be brought to the 
Superior Court, from which an appeal lay to the governor 
and council, provided the matter in difference exceeded the 
sum of one hundred pounds, while in cases involving more 
than three hundred pounds, the aggrieved party was given 
the privilege of having the matter reviewed once in the 
Superior Court, and if not satisfied then with the judgment 
rendered in either case he could carry it on appeal to the 
king, provided the conditions laid down in the commission 
were fulfilled. In all cases, however, proper security was to 
be given to prosecute the appeal with effect and pay all 
charges in case the original sentence was affirmed. Further- 
more persons entering an appeal were now obliged to file 
a declaration of the same with the clerk of the court ap- 
pealed from, briefly stating the errors in judgment, at least 
fifteen days before the date fixed for the opening session 
of the court appealed to. If, however, the appeal was from 
a decision of a justice of the peace, the declaration had to 
be filed with that justice. 

In 1 701 this law was virtually amended in certain par- 
ticulars by the passage of an act for the regulation of trials 
in civil cases. In accordance with its provisions, all actions 
triable at the common law above forty shillings, including 
suits involving title to land, were to be brought first to the 
Inferior Court of Common Pleas, unless the actions per- 



635] JUSTICE 453 

tained to the Crown, in which case they might be tried 
either in that court or in the Superior Court. Further- 
more, the declaration, giving the reasons for appeahng from 
a judgment of the Inferior Court might be filed one day 
later than was allowed under the act of 1699. Then, too, 
it was expressly stated that new pleas and evidence could be 
presented when the matter was being heard upon the appeal. 
Moreover, if either party felt aggrieved at the judgment 
given in either court, he was granted the privilege of having 
the suit reviewed once in each and could in each instance 
present additional pleas or evidence to strengthen his case, 
but no action of review was to be brought after the lapse of 
three years except in the cases of minors or persons who 
were either mentally irresponsible or confined in captivity 
beyond the bounds of the province. In no instance, how- 
ever, was execution to be suspended by reason of any pro- 
cess of review. Finally, the act designated the second Tues- 
days of May and November as the days on which the gov- 
ernor and council were to sit as a Court of Appeals.^ 

Although this act, as well as the one passed in 1699, was 
regularly repealed by her Majesty in Council in November, 
1706, still there is no conclusive evidence to show that the 
province authorities were ever officially notified of the fact 
and it is clear from the provincial records that its provisions 
were continued, during the balance of the colonial period, 
in full force, except in so far as certain of them were virtu- 
ally amended or repealed by other acts. Furthermore, they 
repeatedly reappeared among the perpetual acts in all of the 
official publications of the province laws and remained upon 
the statute books until finally repealed by the state legis- 
lature in June, 1792. The reason assigned by the Board 
of Trade in recommending the repeal of the act of 1699 v^^as 

^ Laws of Nerv Hampshire, vol. i, 702 et seq. 



454 ^^^^ HAMPSHIRE AS A ROYAL PROVINCE [636 

that it trenched upon the prerogative in that, ahhough 
it allowed an appeal to her Majesty where the value in de- 
mand was above three hundred pounds, yet it prevented ap- 
peals if for less, which it ought to be in the power of the 
Crown to admit in such cases as it might think proper. 
And, it recommended the repeal of the act of 1701 because 
the measure encroached upon the prerogative, in that it 
contained no provision, providing for appeals to the queen 
in council.^ 

In an act passed in 1718 it was provided that petty crim- 
inal cases which had been tried before one or more justices 
of the peace out of sessions might be taken on appeal to the 
next Quarter Court, provided sufficient security, not exceed- 
ing five pounds, was given for the appearance of the person 
convicted and as a guarantee that the appeal would be prose- 
cuted with effect. At the same time, provision was made 
for allowing appeals to be made in original cases from the 
Quarter Sessions to the Court of Assize and General Jail 
Delivery where the matter was to be finally determined, but, 
in order to be effective, such an appeal had to be made at 
the time sentence was pronounced, while within two hours 
afterwards the appellant was obliged to enter into recogniz- 
ance with two sureties for his personal appearance at the 
court appealed to. Furthermore, he was to file with the clerk 
of the court the reasons for his appeal at least seven days 
before the court sat and produce also attested copies of all 

the evidence, besides paying the requisite fees for enter- 
ing the appeal and paying the jurors. In 1745, the pro- 
visions of the law, which required persons appealing from 

'^ Laws of A^ew Hampshire , vol. i, 661, 702, 862. Compare the act of 
169Q with the A'lassachusetts act of the same year. Washburn, Judicial 
History of Massadiusetts. 



637] JUSTICE 455 

a judgment of the Inferior Court to file a declaration of 
appeal, were repealed/ 

From the records it appears that, when a court for any 
reason did not hold its sessions at the time appointed by- 
law the cases, then on the calendar, were discontinued. 
Naturally this at times caused great inconvenience and dam- 
age to the parties concerned as special acts or votes of the 
legislature were reqiured in order to have the suits re- 
vived. Then, again, if any party to a suit died while the 
matter was still pending before the courts, the suit was 
thereby abated. To remedy this a law was passed in 1765 
which provided that the death of either party should not 
abate the writ if the cause of action still survived.^ Furth- 
ermore, it was a matter of complaint that the justices of the 
Quarter Court could not adjourn that court beyond the 
time designated by law. As the province increased in popu- 
lation and the number of suits multiplied, the lack of power 
to adjourn the court from time to time as occasion required 
caused considerable inconvenience, expense and injustice. 
Consequently a law was enacted in 1752 vesting the justices 
with the necessary power. Occasionally, also, when the 
public interests demanded it, the legislature itself directed 
that the courts should be adjourned to some other day. 

^ Laws of New Hampshire , 1696-1725, p. 70; Provincial Papers, vol. 
V, 729. Certain changes respecting the time of holding the courts hav- 
ing been found desirable, laws were passed, authorizing such alterations 
to be made. Thus, the Court of Appeals was to hold its autumn session 
one month earlier than heretofore. Moreover, the time for the sessions 
of the Superior Court was changed first to the first Tuesdays in August 
and February, and later to the third Tuesday of May and the second 
Tuesday of November. Furthermore, the time appointed for the In- 
ferior Court was set for the first Tuesdays of March, June, September 
and December, while the Court of General Sessions was to meet on the 
second Tuesdays of the four months just mentioned. Laws of N. H., 
edition 1761, pp. 3, 4, 192. 

"^ Ibid., edition 1771, p. 196. 



456 ^'ElV HAMPSHIRE AS A ROYAL PROVINCE [638 

In 1769 an act was passed dividing the province into five 
counties, which were named Rockingham, Hillsborough, 
Cheshire, Grafton and Strafford.^ Of these the first three 
were active counties and enjoyed full county privileges, while 
the other two were to be regarded as a part of the county 
of Rockingham until such time as the governor and council 
should declare them fit to enjoy full county privileges. 
Regarding the establishment of the courts, the act provided 
that there should be held in each of the active counties 
a Superior Court, an Inferior Court of Common Pleas and 
a Court of General Sessions, each and every one of which 
was to hold and exercise the same power and authority in 
all matters and causes as it held and exercised in the past, but 
the district within which the last two courts were to exercise 
jurisdiction was not to extend beyond the boundaries of 
the counties in which they held their sessions. Processes, 
issued by courts of record, however, were to run as hitherto 
throughout the province. As under the old law, the judges 
were to be appointed by the governor and the same number, 
as therein designated, were required to officiate in them. 
Henceforth, all justices of the Inferior Courts, judges of 
probate, justices of the peace, sheriffs, coroners, registers 
of probate, recorders of deeds and all other civil officers 
were to exercise their several offices only in the counties 
to which they respectively belonged. Furthermore, trans- 
itory actions in which both parties concerned were inhabi- 
tants of the province were in the future to be commenced 
only in the county in which either resided. In Hills- 
borough and Cheshire counties, the Superior Court was to 
hold one session a year and in Rockingham county it was 
to hold two sessions, while the Court of Common Pleas and 

^ Laws of New Hampshire , edition 1771, p. 205 et seq. The act did 
not go into effect until 1771, the king's approval of the measure being 
necessary. 



639] JUSTICE 457 

the Court of Quarter Sessions in the three counties were 
to hold four sessions annually/ As for the other two 
counties the law provided that they were to be subject to the 
courts of Rockingham county until the governor and coun- 
cil declared them ready for the exercise of full county privi- 
leges, when the legislature was to provide for the establish- 
ment of such courts as should then be deemed necessary. 
This the governor did in May, 1772, but it was not until 
the following year that an act was passed, fixing the times 
and places for the sessions of the several courts in those 
counties. - 

Sometimes petitions were presented to the governor and 
council and also to the assembly by persons concerned in 
suits at law, praying that the judgments rendered in their 
particular cases might be rectified or vacated, or that a re- 

^ Laws of New Hampshire, edition 1771, p. 206. In Rockingham 
county, one session of the Superior Court was to be held in Portsmouth 
and one in Exeter, the first session to begin on the first Tuesday in 
March, the second on the first Tuesday in September. In the same 
towns also the Superior Court of Common Pleas was to meet, three 
sessions beginning on the first Tuesdays in February, May and No- 
vember being held in Portsmouth and one session commencing on the 
last Tuesday in July being held in Exeter. The Court of General Ses- 
sions was to convene in Portsmouth on the second Tuesday in Febru- 
ary, May and November, and in Exeter on the first Tuesday in August. 
In the county of Hillsborough all the courts were to be held in the town 
of Amherst, the Superior Court on the second Tuesday in September, 
the Court of Common Pleas on the first Tuesday of every January, 
April, ]uly and October, and the Court of General Sessions on the 
Thursday following the opening of the Court of Common Pleas. In 
the county of Cheshire, the Superior Court was to sit in Keene annu- 
ally on the third Tuesday in September while the other courts were to 
be held an equal number of times in Keene and Charlestown. In the 
former place the Inferior Court was to sit on the second Tuesday in 
October and July, in the latter on the second Tuesday in January and 
April, while the Court of General Sessions was to be held in each town 
on the Thursday following the time set for the Inferior Court. 

'^ Provincial Papers, vol. vii, 274. 275, 276, 302, ^\q passim. 



458 ^'ElV HAMPSHIRE AS A ROYAL PROVINCE [640 

hearing might be allowed, or that the actions might be re- 
viewed or revived, or that a new trial might be granted. 
In some cases people petitioned for permission to bring 
suits before the courts, which through default, or non- 
compliance with the provisions of the law or for some other 
reason could no longer be tried in the courts. Then, again, 
complaints were received that justices had proceeded con- 
trary to law and had given judgment against the evidence 
presented. After the petitions were duly considered the 
relief asked for was sometimes granted, and, when neces- 
sary, special acts were passed to accomplish the purpose. 
Occasionally, also, the legislature was presented with peti- 
tions from parties desiring divorce and sometimes special 
acts were passed granting the same. This practice, how- 
ever, was discountenanced by the home government.^ 

In New Hampshire public opinion was always against 
the erection of any court not authorized by act of the legis- 
lature and strongly averse to one that proceeded without a 
jury. Hence arose in great measure the unpopularity of 
the Court of Appeals. During the administrations of 
Presidents Cutt and Waldron, this court consisted by law 
of the entire legislature ; but from that time on the court of 
last resort in the province was specially provided for in the 
royal commissions and instructions and consisted always of 
the governor and council. The desire to have the court re- 
modeled or abolished was very strong at times, but none 
of the attempts which were made with that object in view 
proved successful.' 

^ Laws of New Havipshire, edition 1771, pp. 176, jq6: Provincial 
Papers, vol. iii, 335, 338, 805, 286, 137, 240, 342, 293, 555, 717, 2-]-]; 
vol. iv, 788, 804; vol. V, 507, 392, 8/5, 772, 761. 578, 658, 831, 636, 165, 
667; vol. vi, 425, 135, 147, 525, 840, 246, 295, 139; vol. vii, 148, 58, 97. 
279, 324, 238, 318, 2, 22. 200 passim. 

^A most determined and sustained effort was made during the session 
of the legislature which began in December, 1727, See Provincial 
Papers, vol. iv, 269, 272, 273, 275, 286, 475 et seq. 



641] JUSTICE 459 

Another grievance which was far more serious than the 
one regarding the Court of Appeals concerned Portsmouth 
as the seat of the law courts. Now, at the time when 
Portsmouth was designated as the place where the courts 
should be held the inhabited portion of the province was 
limited to the district near the coast. It was small in ex- 
tent and contained but few settlements and only a few thous- 
and inhabitants. In hardly any case was the habitation of 
any settler further distant from the chief town than fifteen 
miles, while most people lived well within ten miles of the 
place. Consequently no great inconvenience resulted from 
having all the courts held there. Moreover, Portsmouth 
was well situated for trade and commerce and was by far 
the safest place in the province to keep the records, being 
defended on one side by a fort and protected to some ex- 
tent on the other sides by the other settlements. 

As the settlements extended further from the coast, how- 
ever, the inconvenience experienced and the charges in- 
curred by many suitors increased, and in cases, involving 
small amounts, the expenses of the parties bringing the 
suits were apt to be as much as, or even more than, the 
damages that could be claimed. This naturally tended to 
discourage some people from bringing small cases into court 
and consequently worked injustice to those who had the law 
on their side and were legally entitled to redress. Hence arose 
the feeling that the courts should be more centrally located. 
Then, too, some thought that the holding of the courts in 
different towns would be a good thing for trade. Further- 
more, local pride was also a factor that figured in the case. 
On several occasions attempts had been made to have some 
of the courts held in other towns, but as the governor and 
council did not look with favor upon the change, nothing 
was accomplished. Upon the accession of Governor 
Belcher the subject again came to the front. The house 



46o NEW HAMPSHIRE AS A ROYAL PROVINCE [642 

then voted that, inasmuch as great expense and trouble were 
now incurred in attending the courts by people and con- 
stables who lived at a great distance from Portsmouth, the 
Court of General Sessions and the Court of Common Pleas 
should be held in the future quarterly in the " four ancient 
towns, viz., at Portsmouth in December, at Exeter in March, 
at Dover in September and at Hampton in June." Further- 
more, to relieve the constables, it was provided that they 
should only attend the courts held in their respective locali- 
ties, except the constables of New Castle, Newington, Rye 
and Greenland, places adjacent to Portsmouth, who were 
required as in the past to attend also the sessions of the 
Superior Court. The proposed changes being accepted 
by the council, a bill incorporating them was quickly passed 
and approved by the governor, but before many years passed 
all the courts were again being held in Portsmouth in con- 
sequence of the disallowance of the act by the king.^ 

For many years nothing further was done in the matter 
although complaints were frequent, the inconvenience and 
expense incurred steadily increased and the cry for relief 
became more and more general. Notwithstanding this, 
however, it was not until 1755 that the subject was again 
forced to the front and then it was brought about in this 
way. Ellis Huske, the chief justice, had resigned and the 
governor found that it was impossible to get a gentleman of 
ability, good standing and unquestioned integrity to take 
his place because the fees and perquisites attached to the 
office were not sufficient to induce men of that stamp to ac- 
cept the position. Moreover, the court had fallen into 
great disorder and by repeated delays the course of justice 

^Provincial Papers, vol. iv. 430, 440, 578, 764, 730, 585, 773,654, 
844; vol. iii, 656, 676. The order in council repealing: the act was passed 
in June, 1735. 



643] JUSTICE 461 

was in a manner stopped. Then, too, the assistant justices 
were upon the point of resigning. At last, the governor 
prevailed upon Theodore Atkinson, a man whose integrity 
and abihty was unquestioned, to accept temporarily a com- 
mission for the place. Thereupon the other justices ex- 
pressed a willingness to continue at their posts until the 
matters then pending before the court were disposed of. 
The governor graciously accepted the offer of their services 
and persuaded them to remain at least until the matter 
could be brought before the assembly, when, if no provision 
was made to support the dignity of the court, he would 
offer no further objection to their resigning. 

Accordingly, when the assembly met in January, 1755, 
he most earnestly recommended to the assembled delegates 
the necessity of fixing an appropriate salary upon the jus- 
tices, sufficient to enable them to properly support the dig- 
nity of the court. Otherwise, he said, the sessions of the 
court must be discontinued or persons unequal to the task 
must be selected to fill the vacancies. In reply, the repre- 
sentatives voted to grant the justices collectively the sum 
of £150 for one year but only on condition that the province 
was divided into two counties along the lines laid down in 
their vote. Although the council agreed with the house as 
to the expediency of dividing the province into two counties 
and expressed a desire to forward the same, nevertheless, 
they declared that they could by no means consent to the 
courts being moved from Portsmouth as that had been dis- 
allowed by the king, so that it was not for them to take the 
matter up again. As for granting the justices a salary, 
that was necessary, but, as the grant was made condition- 
ally and tacked to something else, they advised that a separ- 
ate vote be sent up on that head. This, however, the rep- 
resentatives refused to do. Six months later the governor 
was again forced to call their attention to the matter, for 



462 ^ElV HAMPSHIRE AS A ROYAL PROVINCE [644 

the Supreme Court was scheduled to sit within a few days 
and the chief justice and his assistants had decHned to 
serve any longer " without a reasonable salary for their 
trouble and time." Notwithstanding this, however, the 
representatives refused to consider the matter further. The 
following year, the governor again called upon them to 
settle a salary upon the justices. In reply they referred to 
their previous votes and declared that the difficulties and 
hardships which the inhabitants were put to in being obliged 
to come to Portsmouth to attend the courts were so great 
that they could not in justice to their constituents grant the 
justices of the Superior Court a salary until a suitable act 
was passed for dividing the province into counties. As the 
representatives continued obdurate and the province was 
deeply involved in war, the governor did not deem it wise to 
press the matter further until after Louisburg and Fort 
Frontenac had been reduced and a new assembly had been 
summoned. In the meantime, however, he informed the 
home government of the trouble and asked for advice as to 
the course he should pursue. Moreover, rather than have 
the sessions of the Superior Court discontinued, he agreed 
to pay the chief justice a salary out of his own pocket. 

At last, in November, 1758, he again requested the rep- 
resentatives to provide suitable salaries for the justices, at 
the same time telling them that he had with great diffi- 
culty persuaded their honors to continue in office some time 
longer, that the business of the court might not be inter- 
rupted. The response, however, was that no salary grant 
would be passed until the province was divided into counties 
in such way and manner as should be agreed upon by the 
general assembly. A joint committee of the two houses 
which was then appointed to consider the question reported 
in favor of dividing the province into three counties, but 
made no su^sfestions as to the manner in which it should 



645] JUSTICE 463 

be done, for the members found it impossible to agree on 
that point. When the assembly re-convened the following 
autumn Governor Wentworth found his position strength- 
ened by an instruction which he had received from England. 
This he now communicated to the assembly. It practically 
commanded that body to settle competent salaries upon the 
justices and repay the governor such sums as he had paid 
the chief justice in the way of salary. After perusing it 
the representatives declared that the instruction appeared to 
be founded on facts related to the king " without their con- 
curring circumstances " and refused to comply with its 
provisions until the province was divided into counties. Al- 
though the governor maintained that the two questions were 
in no way related to one another and repeatedly urged the 
representatives to obey the royal commands, the latter per- 
sistently refused to retreat from the position they had taken. 
The result was that both questions were still unsettled, when 
John Wentworth assumed the reins of government in 1767.^ 
As the latter did not appear to be against a division of 
the province into counties and the council seemed to look 
with favor upon it, the prospects of the matter being settled 
now seemed bright. After some time the two houses 
agreed upon the number of counties into which the province 
should be divided. A question then arose as to the right 
of the lower house to have a voice in the establishment of 
the courts in the several counties. As the council denied 
that it had any such right and the lower house insisted that 
it had, a deadlock ensued and the session ended without 
anything further being done in the matter. The governor 
then wrote home, explaining the necessity of a division and 

^Provincial Papers, vol. vi, 339, 340 to 352, 418, 419, 453. 691, 697, 
699, 722, 718, 720 to 730, 747, 759. 766, 791, 879; vol. vii, 61. 42, 68, 70, 
^2 passim. 



464 ^^^'^ HAMPSHIRE AS A ROYAL PROVINCE [646 

proposing a division into five counties, only three of which 
were for the present to enjoy full county privileges. Furth- 
ermore, he requested that permission should be given for 
such a division and desired them to inform him how it 
should be done, whether by act of assembly or by an order 
of the governor and council. He then informed the as- 
sembly of what he had done. The latter replied that what 
he had written to the authorities in England coincided ex- 
actly with their sentiments except in one particular, and 
that was in regard to the manner in which the division 
should be made. On that point their own sentiments, as 
well as those of their predecessors, were that the division 
could only be effected by an act of the legislature. They, 
therefore, requested him to acquaint the king's secretary 
of state with the real status of tlie case, to the end that per- 
mission might be obtained to make the division by act of 
the legislature. A little later they decided not to wait until 
the king's pleasure in the matter was known, for they de- 
clared their intention of granting no supplies until the griev- 
ance respecting the courts was removed. Though the gov- 
ernor protested, it was in vain. As a result no supplies 
were granted. At last, word was received that the legis- 
lature might pass the act desired, providing a saving clause 
was inserted suspending its operation until the measure was 
approved by his Majesty. Although the two houses failed 
for a time to agree upon the principal points involved, they 
finally adopted the governor's suggestion about the number 
of counties while the right of the house to have a voice in 
the establishment of the courts was finally conceded, though 
with reluctance. Thereupon an appropriate bill was passed 
by the two houses and approved by the governor. At last, 
in 1 77 1, word was received that the act had been formally 
approved by his Majesty. The grievance, concerning the 



647] JUSTICE 465 

courts being removed, the assembly then proceeded to grant 
the justices of the Superior Court a salary/ 

In the administration of justice the governor, the judges 
of the various courts, the attorney-general, the clerks of the 
courts, the justices of the peace, the jurors, the sheriff, the 
coroner, and the constable all played an important part. 
In another connection the governor's postion in the judicial 
system has been clearly set forth so that little need here be 
said respecting it.^ As he was the one who appointed all 
of the judges in the province except those who formed the 
Court of Appeals, he was directly responsible for the kind 
and type of men who occupied the bench. Moreover, after 
appointing them it was within his power to hold them to 
a strict accountability for the proper performance of their 
duties, for he could remove them for cause. Practically 
speaking, the judges held their office during his pleasure, for, 
although one of his instructions strictly forbade him to 
remove such officials except for some good and valid reason 
which was to be signified to the home government, it did not, 
as a matter of fact, prevent him from removing those whom 
he disliked, though in many cases it undoubtedly acted as a 
restraining influence. Occasionally complaint was made 
that certain judges were selected rather for the purpose of 
advancing the governor's interests than with the view of 
administering justice impartially to all. Sometimes, too, 
it was said that judges were biased, careless or otherwise 
unfitted for the work they were expected to perform. This, 
however, was the exception rather than the rule. The 
judges were not men who had been bred to the law, for there 
was scarcely a lawyer to be found in the province. As a 

^Provincial Papers, vol. vii, 129, 133, 134, 136, 139, 141, 144, 154, 
155, 165, 174, 178, 182, 184, 198, 202, 217, 228, 229, 274, 2ys passim. 
Ibid., vol. vi, 911. The act was passed in the spring of 1769. 

"^ Supra, p. 72. 



466 ^EW HAMPSHIRE AS A ROYAL PROVINCE [648 

rule they were persons of good character and unquestioned 
integrity, upright, honest and conservative in temperament. 
Some possessed considerable w^ealth and were prominent in 
the business world, while others had served the province in 
many capacities and had filled with credit most of the local 
offices in the towns in which they resided. They were, 
therefore, men of experience and well trained in the affairs 
of government. All were required to take such oaths as 
were prescribed by Parliament, as well as an oath to execute 
their trust faithfully and administer justice impartially. In 
order that there might be a due and orderly method of pro- 
cedure in the courts, they were empowered to make such 
rules and regulations as they deemed necessary. Then, 
too, in order to avoid all occasion of partiality, the law 
prohibited them from taking an active part in suits in which 
they were related to any of the parties concerned or directly 
interested in the result nor could they appear as attorneys in 
any suits that had been previously tried before them. With 
the exception of the period from 1686 to 1689, when the 
experiment of consolidating the northern colonies under one 
general government was tried, and a few years immediately 
preceding the Revolution, none of the judges ever received 
from the legislature a regular salary for their services, their 
only compensation being the fees which were attached to 
their office. Just what these in the aggregate amounted to 
it is impossible to say with any degree of accuracy, as it 
depended upon the number of suits tried and the amount of 
business transacted. It is certain, however, that the judges 
of the lower courts received far more than those who con- 
stituted the Superior Court. In fact, the amount which the 
latter received was so small that in 1755 the governor was 
obliged to appeal to the legislature to grant them adequate 
compensation, but this the lower house persistently refused 
to do until the province was divided into counties. An act 



649] JUSTICE 467 

providing for such a division v^^as finally passed in 1769, 
but it was not until 1771, when word was received that the 
king had approved it, that the assembly made the necessary 
grant and even then it was for a period of one year only. As 
it had to be renewed annually, the judges of the Superior 
Court were left at the mercy of the legislature as far, at 
least, as their salaries were concerned. As for the other 
justices, they continued as before to receive fees in payment 
of their services.^ Besides the judges already mentioned 
there was a judge of probate and a register of probate, who 
possessed in general the same powers as the like officers in 
England possessed. Then, again, for the trial of those ac- 
cused of violating the acts of trade and navigation and 
of those charged with offences committed on the high seas 
there was a vice-admiralty court. This, however, was not 
a provincial court but one established by the home govern- 
ment, which had divided up the territory comprising the 
American colonies into districts, in each of which there was 

^ Provincial Papers , vol. vi, 60; vol. vii, 276, 307. 324, 368. 230. Ac- 
cording to the law promulgated during the administration of Governor 
Andros the salary of the Chief Justice was fixed at /"iSO and that of the 
assistant justices at ^120 a year. At that time, of course, the jurisdic- 
tion of the court extended over all the New England colonies. Ac- 
cording to Richard Waldron, who, from having been long in public 
life was well qualified to speak on the subject, the justices of the In- 
ferior Court in 1748 were able to save in fees about ^25 a year, while 
the justices of the Superior Court probably got ^'5 or ^10. As the 
province increased in population and extent the amounts naturally be- 
came greater. The grant made by the legislature in 1771 was ^65 for 
the Chief Justice and ^60 each for the assistant justices. In 1772 and 
1773 it remained the same, while in 1774 the sums granted were re- 
spectively ^80 and £7S- For biographical sketches of some of the 
judges and lawyers, see Bell, Bench and Bar of New Hampshire. For 
the form of the various oaths which officials had to take and for the 
fees they received, see Province Laws, edition 1761, 72-74, 108, 124-129, 
136; Laws of N. H.. vol. i, 546. 559, 596, 626; Provincial Papers, \o\%. 
i-vii, passim. 



468 A'£J'F HAMPSHIRE AS A ROYAL PROVINCE [650 

one of these courts. New Hampshire and the neighboring 
colonies formed one district. The judges received their 
commissions from the authorities in England and all trials 
were without a jury. 

Before any actions could be tried in the provincial courts 
due notice had to be given the persons affected in order 
that they might have time to prepare and make their de- 
fence. Moreover, before judgment was rendered both 
parties had the privilege of being heard. Furthermore, 
the law provided that they could either conduct their own 
cases in person or with the assistance of others. As there 
were at first no lawyers, the parties went into court with 
their witnesses and gave in their testimony under oath, but 
no record of the same was made. Later, on account of the 
scarcity of lawyers, a law was passed, providing that no 
person should be represented by more than two attorneys. 
This enabled the other party to the suit to retain some one 
to protect his interests, for an attorney could not under the 
law refuse a case, if tendered the legally established fee. To 
protect a person from suffering a non-suit through the default, 
negligence or omission of his attorney, it was stipulated that 
the latter should draw a new writ without fee, if the party 
saw fit to revive the suit. Before being admitted to prac- 
tice, all attorneys were required to take an oath, to be de- 
livered by the clerk in open court. ^ For the prosecution of 
cases in which the king was concerned there was a pro- 
vincial official, styled an attorney general. 

To facilitate the work of the courts there was an official, 

»For the form of oath which attorneys took see Provincial Laws, 
1696-1725, p. 47. For the forms of the various writs, such as summons, 
capias, attachment, replevin, scire facias, etc., see Laws of New Hamp- 
shire, edition 1761, p. 87 ei seq. According to the law of 1714 the at- 
torney's fee for trying a case in the Superior Court was 12 s; in the In- 
ferior Court 10 s. 



651] JUSTICE 469 

called the clerk. Under the law of 1701, he was appointed 
by the judges of the respective courts, one being named for 
each court. It was his special business to draw up, enter 
and keep the records of the court, the declarations, the writs, 
the pleas and the judgments. Furthermore, he was required 
to issue all processes and writs for bringing suits to trial. 
He also granted writs of attachment, warrants and execu- 
tions. Moreover, he sent to the sheriff the writs, com- 
manding him to impanel and return persons to serve as 
grand and petty jurors. In his office, too, had to be filed 
the declarations of appeal. Like the justices, he received 
certain fees for his services. His office and that of sheriff 
were said to be the best paying offices in the entire province.^ 
In the towns in wdiich they lived the justices of the peace 
were very important officers of the law. Their duties were 
many and varied. They acted both in a ministerial and a 
judicial capacity. It was their business to aid in preserv- 
ing the peace and their duty to bring to punishment those 
who violated the law. They could either make arrests 
themselves or authorize others to make them. They heard 
charges against offenders, issued summons and warrants 
in connection with the same, examined witnesses, bound 
persons over for trial or to keep the peace and admitted 
them to bail. They were empowered to exercise jurisdic- 
tion in certain civil cases, power being given them by law to 
try causes under the value of forty shillings, excepting such 
as involved title to land. They could also solemnize mar- 
riages and take the acknowledgment of deeds. Affidavits, 
taken out of court, were also sworn to before them and 
various petty officials were required to have the justices ad- 

^ Laws of New Hampshire, vol. i, 703 et seq; Provincial Papers, vol. 
iii, 184, 216, 220, 221. According to a statement made by Richard 
Waldron in 1748, the clerk of the Superior Court then received about 
;^30 a year while the clerk of the Inferior Court received about ;^I25. 



470 ^^EPV HAMPSHIRE AS A ROYAL PROVINCE [652 

minister to them the oath of office required by law. They 
could commit to prison disturbers of the peace and cause 
their weapons to be taken from them. They had power, 
also, to try persons accused of profane swearing, of drunk- 
enness and of petty thefts. They, too, were, authorized 
to provide for the relief and maintenance of the poor. 
Moreover, according to the provisions of certain acts, they 
were given full power to determine all violations of those 
acts. Though many other things, which the provisions of 
various acts required them to attend to, might here be cited, 
sufficient has already been given to show the importance of 
the office and the variety, extent and nature of the duties 
attached to it. Such of the justices as were designated by 
the governor in the commission of the peace constituted 
the Court of Quarter Sessions. 

In the administration of justice juries also played a very 
important part. As in England there were grand and petty 
juries, and occasionally, also, juries of inquest. In the 
main, the duties of the jurors were the same as those of 
jurors in England. During the early part of the provin- 
cial period they were regularly chosen by the freeholders 
of the several towns as had been the custom when the New 
Hampshire settlements were under the jurisdiction of 
Massachusetts. As this practice was not in conformity to 
that in England, it was later abandoned and the jurors 
were impaneled by the sheriff. According to the law 
passed in 1699 they were to be taken from the several towns 
in proportion to the number of inhabitants which each con- 
tained. The sheriff, however, could return jurors de tali- 
bus circumstmitihiis when, in selecting a jury, the regular 
panel became exhausted by reason of challenge, default in 
appearance or some other cause. In cases where the sheriff 
was a party or in any way related to the parties concerned 
the jury was summoned by the coroner. The penalty for 



653] JUSTICE 471 

not appearing when summoned was a fine of forty shill- 
ings. Later this was raised to five pounds. 

By an act which was passed in 1754 but did not go into 
effect until after the king's approval of the measure in 
1758, the method of returning jurors was completely 
changed. Under this law the selectmen of each town and 
parish were required to make out a list of those who were 
qualified by law to serve as jurors. One-third of the names 
on the list were then to be put in one box and two-thirds in 
another. From the former, which contained the names of 
those who, in their opinion, were best qualified, were to be 
drawn the jurors for the Superior Court; from the latter, 
those who were needed for the lower courts. At the proper 
time the clerks of the respective courts issued writs, requir- 
ing the town clerks to return as many jurors as were there- 
in designated. Town meetings were then called to which 
those eligible to serve as jurors were summoned. The 
boxes being opened, the number of names required were 
drawn out of the respective boxes. The persons whose 
names were thus drawn were the ones who were required 
at the proper time to attend the courts. At these meetings 
grand jurors were also chosen. In order to keep the lists 
up to date it was provided that they should be revised and 
regulated once a year. As in England jurors throughout 
the provincial period had to possess certain property 
qualifications. They received fees for their services.^ 

The sheriff was also a very important official. He was 
appointed by the governor and virtually held office during 
the latter's pleasure. He was required to take an oath 
for the proper performance of his duties, and, after 1714, 
was compelled to give a bond of £2000. He was en- 
trusted with the proper execution of the laws. It was his 

^ Laws of New Hampshire, vol. i, 71. 106, 657, ds^ passim; Province 
Laws, edition 1771, p. I'&J ei seq. 



472 ^'EW HAMPSHIRE AS A ROYAL PROVINCE [654 

duty to arrest or commit to prison those who either broke 
or attempted to break the law. He was responsible, too, 
for the safe-keeping of the prisoners and had full charge of 
the province jail. Moreover, he attended the courts and 
was obliged to serve and execute all processes issuing from 
them. Until 1758, he also impaneled and returned what- 
ever jurors were required. From 1771, when the act divid- 
ing the province into counties went into effect, there was a 
sheriff for each county. For his services he at first received 
only such fees as were prescribed by law but later he re- 
ceived a regular salary and in addition a certain amount for 
impaneling jurors. 

In cases where the sheriff could not by law act, the 
coroner acted for him. The principal duty of the coroner, 
however, was to hold inquests in cases of violent or sudden 
deaths. When such cases were reported, he summoned a 
jury of at least fourteen persons who, after being sworn, 
viewed the body, heard the evidence and made diligent in- 
quiry into the circumstances of the case. After putting 
their verdict in writing, they gave it to the coroner who 
made return to the justices of the Court of Assize and of 
Oyer and Terminer. 

As for the constable, he was a local officer of some im- 
portance in the place in which he lived. He is to be re- 
garded as a conservator of the peace within the town. He 
was obliged to obey the warrants and precepts of the judges, 
the coroner, and the sheriff and execute all warrants sent 
him by the proper authorities. He was also required to 
serve the writs and summonses which the justices of the 
peace issued in such cases as were tried before them and 
was empowered to collect certain fines imposed by them. 
Unlike the other officials, he was elected by the freeholders 
of the town and not appointed by the governor. He was 
a town officer. 



CHAPTER VII 

Military Affairs 

Living in a wilderness, exposed oh every side to attack 
and beyond the immediate reach of helping hands if sud- 
denly assailed, the inhabitants of the struggling settlements 
along the Piscataqua and its branches early deemed it neces- 
sary to have some sort of military organization and adopt 
some defensive measures for their own safety and protec- 
tion. After the union with Massachusetts, however, the 
supervision and control of all matters, pertaining to defense 
and military affairs in general devolved on that government. 
This continued for nearly two score years, when New 
Hampshire was severed from the Bay and organized as a 
separate province. Under the form of government then 
established, the control of the provincial forces and the 
management of military affairs were vested in the president 
and council.^ In form, however, the militia underwent 
comparatively little change. It consisted of one troop of 
horse for the entire province, one company of artillery 
for the fort at the mouth of the Piscataqua and one com- 
pany of foot-soldiers in each town. For each of the com- 
panies a captain, lieutenant and ensign were appointed, and 
for the troop a captain, lieutenant and cornet. Power to 
select the inferior officers of the same was given to the 
chief officers of each, while the management of the militia 
in each town was entrusted to a committee of three. An 

^ New Hampshire Provincial Papers, vol. i, p. 378. 
655] 473 



474 ^^^ HAMPSHIRE AS A ROYAL PROVINCE [656 

order was also issued that those who had served as troopers 
under the Massachusetts government should either join the 
provincial troop or enlist as foot-soldiers in the towns in 
which they lived. A few months later this order was re- 
peated. At the same time another was issued to the effect 
that all the trained soldiers, living within the limits of New 
Hampshire, from sixteen years of age up, should obey such 
orders and commands as were given by the officers com- 
missioned in the various towns by the government, both 
respecting arms, ammunition and the kinds of exercise 
provided for in such laws and orders as had been or might 
be made respecting military affairs.^ At the head of the 
provincial forces was placed Richard Waldron, who was 
given the rank of major; but upon his elevation to the presi- 
dency upon the death of President Cutt the following 
spring, William Vaughan was made commander-in-chief 
of the militia and given the same rank. For a number 
of years the militia remained upon substantially the same 
footing as thus organized, and except during the period 
when Cranfield was the executive head of the province the 
officers were seldom changed. According to Cranfield, the 
horse and foot numbered about 450, of which 60 were horse. 
Most of the foot, however, were " ill armed and exercised," 
while ammunition was scarce. These were frequent causes 
of complaint throughout the colonial period. The troop of 
horse, however, does not seem to have been popular. In 
1684 it apparently comprised only a dozen members, while 
later it appears to have been disbanded entirely. 

With the exception of the period from 1686 to 1692, the 
institutions of government, which were established upon 
Cranfield's arrival in the province continued without essen- 

^ Nezv Hampshire State Papers, vol. xix, pp. 667, 671 ; Provincial 
Papers, vol. ii, pp. 30, 71. 



657] MILITARY AFFAIRS 475 

tial change until the time of the Rev^olution. Earlier in 
this work, the numerous powers which the commission 
vested in the executive have been mentioned, and attention 
has been called to the fact that the governor, as commander- 
in-chief of the provincial forces, was clothed with as full 
and ample powers as were possessed by any captain-general, 
but that in practice he was never able to exercise them to 
any very great extent without the aid and co-operation of 
the assembly. Reference, too, has been made to the causes 
contributing to this state of affairs. Furthermore, the en- 
croachments, which the assembly made upon the governor's 
military powers, have been plainly set forth, and the policy, 
which that body adopted in order to accomplish its object, 
has been clearly stated. As a result, the governor was, 
in reality though not in theory, shorn of the greater part of 
his power as commander-in-chief, for not only did the 
assembly at last virtually exercise the most important mili- 
tary powers which the king intended the executive alone 
should exercise, but it practically dictated the terms upon 
which the various military operations were undertaken.^ 

In October, 1692, while the province was involved in 
war, an act was passed for the better regulation of the 
militia. .According to its provisions, all males, sixteen years 
of age and upwards, except schoolmasters, ministers, sur- 
geons and certain officials, were required to enlist under the 
captains in their respective towns." Moreover, each was 
to provide himself " with a well-fixed gun or fuse, sword or 
hatchet, knapsack, cartouch box, horn, charger and flints 
with six charges of powder," and was to appear thus equipped 
whenever and wherever it should be appointed. Further- 

^ Supra, pp. 72, 193 et seq. 

2 The officials exempted were the sheriff, treasurer, collector, searcher 
and surveyor of customs, councilors and justices of the peace. 



476 ^^'EJV HAMPSHIRE AS A ROYAL PROVINCE [6:58 

more, every soldier was to keep one pound of good gun- 
powder, and twenty sizeable bullets in his home and was 
to bring the same into the field whenever required. Fail- 
ure to comply with any of these provisions rendered the de- 
linquent subject to a designated fine. If for any good and 
sufficient reason one could not appear in person upon 
the guard and watches, he was at liberty to put a well- 
armed man in his place, while those who could not provide 
themselves with the necessary arms and ammunition were, if 
unmarried, to be put out to service by the justices of the 
peace until they acquired sufficient means to procure what 
the law required. As a precautionary measure, the firing of 
all firearms after eight o'clock in the evening was strictly 
forbidden, except in case of an alarm, insurrection or other 
lawful occasion, when the firing of three muskets, or one 
great gun and two muskets, and the beating of a drum was 
to be regarded as the signal for action. When given, any 
who neglected their duty in taking and spreading the alarm 
rendered themselves liable to a fine of forty shillings, which 
was also the penalty designated for giving a false alarm. 
With the view of preventing people from leaving threatened 
or exposed towns, it was provided that no enlisted man 
should, during the war, leave the town where he was en- 
listed without a proper discharge either from the committee 
of the towm or from the commander-in-chief on pain of in- 
curring a fine of twenty pounds, while to compel the men 
to serve, when detached or impressed out of the various 
town companies, the penalty for failing to appear when 
notified was fixed at four pounds, except where the refusal 
to serve was accompanied by contempt, in which case the 
penalty was to be death or such other " grievous " punish- 
ment as a court-martial should determine. To provide for 
emergencies, it was stipulated that, if any place was at- 
tacked by the enemy, any captain might enlist or detach 



659] MILITARY AFFAIRS 477 

as many of his men, not exceeding one-third of his com- 
pany, as he should see fit and deem necessary for the rehef 
of the stricken town and might proceed thither without 
waiting for any order from his superiors, taking care, how- 
ever, to leave behind for the defense of his own town at least 
five men for each garrison in it. Non-compliance with the 
captain's orders on such an occasion or refusal to attend 
such service was made punishable by a fine not exceeding 
forty shillings or by such military corporal punishment as 
the captain or chief officer of the town company should de- 
cide. To prevent any grain from falling into the hands of 
the Indians, the law provided that it should be brought 
within range of some garrison, on pain of the owner suffer- 
ing a fine of five shillings a day for every day's neglect after 
due warning to remove the same was given. In case the 
enemy made an attack in the county of York in Maine, 
the executive, with the advice and consent of the council, 
was authorized to raise and dispatch men to that county. 
Finally, the act stipulated that nothing in it should be ex- 
pounded, construed, or understood to diminish, alter or 
abridge the power of the executive or commander-in-chief, 
but that in all things and upon all occasions he or they had 
power to act as fully and freely as any governor, lieutenant- 
governor or commander-in-chief ought or might do to all 
intents and purposes as if the act had never been passed, any- 
thing contained in the same to the contrary notwithstanding.^ 
From time to time as the exigencies of the occasion or 
the demands of war required, other acts were passed relat- 
ing more or less directly to military affairs, Imt in the main 
they were temporary in character. Thus, by one law the 
charge incurred in caring for and treating the injuries of 

1 Lazi's of Neiv Hampshire, vol. i, pp. 537, 709. The act was approved 
by the Queen in Council November 19, 1706. 



478 NEW HAMPSHIRE AS A ROYAL PROVINCE [660 

those who were wounded by the French and Indians while 
engaged in the service of the province or while acting as 
volunteer was to be defrayed out of the public treasury. 
By another law, the towns were required to keep a proper 
stock of powder and arms ; by another they were to keep a 
supply of snow-shoes on hand, and by still another they 
were compelled to have a certain amount of bread ready, in 
order that a speedy pursuit of the enemy might be made. 

In 1 718 a more comprehensive law for the regulation 
of the militia was passed. It provided that all male per- 
sons from sixteen to sixty years of age, except negroes and 
Indians, should bear arms, and to prevent persons from 
evading enlistment by moving from place to place, it was 
stipulated that persons so offending should, upon convic- 
tion before a justice of the peace, be fined for every such 
attempt ten shillings. Moreover, once every quarter the 
clerk of every troop and company was to make out an exact 
list of all persons living within the precincts of his troop or 
company and present the same to the captain or chief officer 
of the same on penalty of forfeiting forty shillings for every 
default. Under this law, every enlisted soldier and house- 
holder, except troopers, were to be always provided with a 
good, serviceable gun, a knapsack, a good sword or cutlass, 
a cartouch box, one pound of good powder, twenty bullets, 
twelve flints, one worm and one priming wire, on penalty 
of six shillings for failure to furnish the necessary gun 
and two shillings for every other defect, and to compel 
compliance the like sum was to be assessed against them 
every four weeks. As for the troopers, they were each to 
be provided with a good, serviceable horse, of ten pounds 
value and not less than fourteen hands high, the horse to be 
equipped with a good saddle, bit, bridle, holsters, pectoral 
and cropper, and the trooper with a suitable carbine, belt 
and swivel, a case of good pistols, a sword or cutlass, a flask 



66l] MILITARY AFFAIRS ^yg 

or cartouch box, one pound of good powder, three pounds 
of sizeable bullets, twenty flints, and a good pair of boots 
and spurs on penalty of twelve shillings for want of such 
horse and three shillings for every other defect, the like 
sum to be paid every six weeks until the provisions of the 
law were complied with. Furthermore, a trooper was not 
to dispose of his horse without the consent of the chief 
officer on pain of suffering a fine of five pounds and was 
required to appear at the time and place appointed for exer- 
cise on penalty of ten shillings for every day's neglect. To 
each regiment two troop of horse might be attached, each 
to consist of not less than sixty men with officers. Ac- 
cording to this law, regimental musters were to be held 
triennially while company or troop musters were to be held 
four days annually. Failure to hold the latter rendered 
the captain of the company or troop liable to a fine of five 
pounds. Privates absenting themselves on such occasions 
incurred a fine of five shillings, and, if they did not pay it by 
the next training day or had no estate to pay it with, they 
might then be punished " by laying neck and heels," or by 
riding the wooden horse for a period not exceeding one 
hour. And if they absented themselves the second train- 
ing day, they might be apprehended or brought to the train- 
ing field and there punished according to law. Power was 
also given to the commission officers to punish any disorders 
or contempts on training days or on watches by inflicting 
on the offenders a punishment no greater than " laying 
neck and heels," riding the wooden horse, or a ten-shilling 
fine. Those exempted from exercising on training days 
were the provincial officials, members of the legislature, 
ministers, elders, deacons, doctors, schoolmasters, regular 
ferrymen, former commission officers of the militia, con- 
stant herdsmen, one miller to every gristmill, masters of 
vessels of thirty tons and over, and, of course, lame and 



480 NEW HAMPSHIRE AS A ROYAL PROVINCE [662 

disabled persons, while those who were excused from 
military watches and wards were the members of the 
legislature, the secretary of the province, the ministers, 
elders, doctors, constables, regular ferrymen and one miller 
to every gristmill. All exempt persons, however, were re- 
quired like the others to have the necessary arms and 
ammunition required by law. As for military watches, they 
were to be appointed and kept in every town at such times 
and in such numbers as the chief military officers of the 
town should decide. The right to nominate, appoint and 
also remove sergeants and corporals was vested in the 
captain and commission officers of each company. Accord- 
ing to this law, too, the captain or chief officer of each 
company or troop was required at least twice a year to or- 
der a diligent inquiry to be made into the state of his 
company or troop and cause an exact list to be made out 
of all the soldiers and inhabitants living within his precinct. 
The names of the delinquents were also to be set down and 
note was to be made of such fire-arms as were either lack- 
ing or below the standard. Then, again, the chief officer 
of a regiment was empowered to summon the commanding 
officers of the various companies constituting it to a confer- 
ence as often as the needs of the service required and there 
formulate such orders as the majority of them should deem 
necessary for the better regulation of the several companies 
and the promotion of military discipline. Furthermore, 
the commanding officer w^as authorized to have all offenders 
against the military laws brought before them and all mat- 
ters proper for their cognizance were to be heard and deter- 
mined according to law and sentence given accordingly. 
Then, too, all officers were required to pay due respect and 
obedience to their superiors on pain of being fined five 
pounds. By another provision of the law every town was 
obliged to have a regular stock of powder and ammunition, 



663 J MILITARY AFFAIRS 48 1 

consisting of one barrel of good powder, two hundred- 
weight of bullets and three hundred flints for every sixty- 
enlisted soldiers within its borders. Failure to keep such 
a stock was made punishable by a fine of five pounds every 
three months the law was not complied with. In case of 
an alarm, the trained soldiers and all others capable of 
bearing arms in the town were required to appear imme- 
diately, fully equipped with arms and ammunition on penalty 
of a five-pound fine or three months' imprisonment. Furth- 
ermore, one or more horsemen were in such cases to be 
dispatched at once to the other towns to spread the alarm, 
and, if the alarm was made at New Castle or any other 
town which lay frontier to or in great danger of the enemy 
the captains of the adjacent towns were to send forthwith 
such relief as they should deem necessary. To prevent 
any unnecessary alarms, it was provided that anyone wil- 
fully giving a false alarm should be punished by a fine of 
twenty pounds or six months' imprisonment. Respecting 
the quartering and billeting of soldiers upon the people, the 
law specifically stated that no military or civil officer should 
quarter or billet soldiers or seamen upon any of the in- 
habitants other than licensed taverners without their con- 
sent under penalty of one hundred pounds. All fines and 
penalties were to be disposed of for the purchase and repair 
of drums, trumpets, colors, banners, halberts, and to pay 
drummers, trumpeters and other company charges while 
any overplus was to be laid out in arms and ammunition 
for a town stock. If, however, the fines were not sufficient 
for the purposes named, the commission officers of the 
troop or company were empowered to make an assessment 
upon the members of the same. An act was also passed, 
containing the same provision respecting those wounded 
when in actual service against the enemy as the act pre- 
viously mentioned. 



482 NEIV HAMPSHIRE AS A ROYAL PROVINCE [664 

The following year the militia act was somewhat strength- 
ened. It was then enacted that, whenever the commandins- 
officer of any company was legally required to detach any 
soldiers out of his company for his Majesty's service, a 
warrant left at the soldier's home should be accounted a 
sufficient impress, and failure to respond to it was made 
punishable by a fine of four pounds. Furthermore, in case 
the offender did not pay it, he was to be sent to jail until 
both the fine and all accruing charges were satisfied. 
Moreover, any who in time of war neglected to give their 
attendance at the garrison to which they were assigned or 
who neglected to perform their duty of watching and 
warding were to be fined twenty shillings and all charges 
for every ofl^ense, and in default of payment were to be 
committed to prison until the same was paid. Further- 
more, no person in actual service was to depart from his 
station without receiving a license from the commanding 
officer on pain of being proceeded against as a felon. Then, 
again, no one during time of war or when a military watch 
had been set was to set ofif a gun after sunset under 
penalty of being fined, upon conviction before a justice of 
the peace, five shillings for each gun set ofif, and, if the 
person so offending belonged to a garrison or force in actual 
service and in his Majesty's pay, he was to be punished, 
at the discretion of the commanding officer, by being put in 
the bilboes, or by laying neck and heels, or by riding the 
wooden horse, or by running the gauntlet. Respecting de- 
serters, the law provided that such persons should be appre- 
hended at the instance of a justice of the peace and secured 
for trial at the next Superior Court or at a Court of Oyer 
and Terminer to be held by commissioners specially ap- 
pointed by the governor. In 1722 an additional act was 
passed, providing that those who neglected or refused to 
do their dutv in building or repairing the garrisons where 



665] MILITARY AFFAIRS 483, 

they were stationed, should be subject to a fine of five shil- 
lings for every day's neglect or refusal. And, if they re- 
fused to pay the same, they were to be imprisoned until 
both the fine and accruing charges were paid.^ 

In 1754, the fine for failing to attend trainings when 
duly warned was fixed at ten shillings in the case of foot 
soldiers, and at twenty shillings in the case of troopers^. 
Then again, those liable to military watches and wards were 
thereafter for neglecting the same to be fined ten shillings in- 
stead of five. Moreover, the parents of those under twenty- 
one and the masters of servant apprentices were now held 
responsible for the payment of any fines incurred by such 
minors and servant apprentices. It was also provided that 
in time of war all commanding officers might order those 
under their command to carry such arms and ammunition 
about with them as they should judge necessary, refusal to 
obey such an officer being made punishable by a fine of 
ten shillings. Furthermore, no persons were to be ex- 
cused from bearing arms, attending trainings or from im- 
presses upon the certificate of two surgeons unless for just 
cause they first obtained an orderly dismission from the 
commission officers of the company or troop to which they 
belonged. Finally, it was enacted that all the acts relating 
to the militia should thereafter extend throughout the pro- 
vince to all plantations whether or not the same were in- 
cluded in townships, parishes or legally established districts." 

With the increase in population came an increase in the 
number of men in the militia. As the old towns became 
more thickly settled, the original militia companies were 
divided, and, as new towns came into being, new companies 
were formed so that in time a battalion was authorized by 

1 Laivs of New Hampshire, 1696-1725, pp. 91 et seq., 146, 165. 
- Lazvs of Nexv Hampshire, edition of 1761, p. 195. 



484 '^^1^ HAMPSHIRE AS A ROYAL PROVINCE [666 

the governor. Then, through the operation of similar 
causes a regiment was formed, and, as the population in- 
creased, two regiments were authorized. Moreover, cavalry 
again found favor, and during war-time in particular 
mounted men were frequently employed, especially in pa- 
trolling the highways and in spreading alarms. In 1730, 
the militia consisted of 1800 men, comprising two regi- 
ments of foot with a troop of horse each. At that time it 
was stated that there were no Indians living in the province. 
The following year, Governor Belcher informed the as- 
sembly that the fines for neglect of appearance on muster 
days were so low that the militia was " in a manner dwin- 
dled to nothing." Notwithstanding this, however, the as- 
sembly refused to increase them. As it was a period of 
peace practically nothing was done to make the force more 
efficient. In 1740 it still consisted of only two regiments, 
but on muster days only a few men appeared as the fine for 
non-appearance was too low. Although the amount of the 
fine was later raised, it was never high enough to prac- 
tically compel compliance. This was a frequent matter of 
complaint. Under Belcher's successor, a number of new 
regiments were formed and the efficiency of the militia re- 
stored. Owing to the exigencies of war the greater part 
of the militia then received their training in the school of 
experience, having seen active service at the front. The re- 
sult was greater efficiency, experienced officers and better 
trained men. To correspond with the growth of the pro- 
vince, the number of regiments was increased until there 
were at last ten, one of which was a cavalry regiment. 
After the close of hostilities, the militia began to deteriorate, 
but fortunately the governor's successor in office was fond 
of display and took great delight in attending regimental 
musters. The efficiency of the force, therefore, was a mat- 
ter which received special attention. The number of 



667] MILITARY AFFAIRS 485 

regiments was also increased to twelve, while in 1773 
for the first time the offices of both brigadier general and 
major general were filled/ Throughout the colonial period, 
the question of preserving proper discipline was a very 
difficult one and during the various intercolonial wars com- 
manding officers bitterly complained about the lax discipline, 
and the great number of cases of desertion. 

To prevent an enemy from sailing up the Piscataqua 
river from the ocean and attacking Portsmouth and the 
other settlements on the banks of that stream and its tribu- 
taries the mouth of the river was fortified. At this point 
was erected the only fort in the province. As it was not, 
however, constructed of lasting materials, it needed constant 
attention, for it quickly fell into a state of decay. Gov- 
ernor after governor urgently and repeatedly pressed the 
assembly to keep it in proper repair, but except in time of 
war when the exigencies of the occasion and reasons of 
safety practically forced the assembly to authorize such 
repairs to be made as would make it reasonably secure in 
case of attack, the fort was generally in such a decayed 
and dilapidated condition that it could easily have been 
captured if suddenly attacked. On several occasions one of 
the royal engineers assisted in putting it in a proper posture 
of defence while several times the Crown supplied it with 
cannon, shot and other stores of war. As the settlements 
extended westward, a few so-called forts, or rather block- 
houses, were erected in the interior.^ 

^Provincial Papers, vol. iv, p. 533; vol. v, p. 12. Adjutant General's 
Report, 1866, vol. ii, pp. 52, 258 passim.. Farmer and Moore's Collec- 
tions, vol. i, p. 64. 

2 For the condition of the fort at different times and the stores of 
war it contained see Provincial Papers, vol. ii, pp. 72, 73, 84, 91, 94, 
103, 117, 120, 124, 183, 230, 239, 245; vol. iii, pp. 66, 67, 251, 255, 311; 
vol. iv, pp. 64, 240. 247, 354, 378, 446. 533, 580, 583, 648, 771, 772; vol. V, 



486 ^EW HAMPSHIRE AS A ROYAL PROVINCE [668 

Although the settlers in southern New England had 
early been involved both in disputes and in war with the 
Indians, the inhabitants of the territory embraced within 
the limits of Mason's grant fortunately remained on friendl}' 
terms with the natives and, in fact, continued to hold peace- 
ful intercourse with them until after the outbreak of King 
Philip's war. Then, v\diile the people in that part of New 
England south of the Merrimac were making every effort 
to crush the savages who were in revolt in that section, and 
the settlers in the region north of the Piscataqua were en- 
gaged in protecting themselves against the Indians in that 
quarter, some of the tawny warriors suddenly entered New 
Hampshire and began committing depredations there. 
The Indians, however, living in New Hampshire took no 
part in these marauding expeditions and did not assume a 
hostile attitude until the fall of 1676. Then it so hap- 
pened that, at a gathering of the New Hampshire Indians 
held at Major Waldron's invitation near his home in Dover. 
some Indians were present who had taken part in the war 
on Philip's side. Just then some Massachusetts troops on 
their way to Maine arrived in the town. When their offi- 
cers, who had orders to apprehend such of the southern 
Indians as they could find, learned that some of the latter 
were present, they wanted to seize them immediately, but 
Waldron, perceiving that such a course would only lead to 
bloodshed, suggested that the same result could be ob- 
tained by a resort to stratagem. Accordingly, he proposed 
that the Indians should engage in a sham fight with the 
whites after the English fashion. To this proposal the 
savages readily agreed, but soon afterwards they had rea- 

pp. 12, 21; vol. vii, pp. 270 passim; Belknap, History of New Hamp- 
shire passim: Adjutant General's Report, 1866, vol. ii passim.. In time 
of peace the fort was garrisoned by a captain and a few men. It was 
:he only place in the province where a garrison was always maintained. 



669] MILITARY AFFAIRS 487 

son to regret their action, for the English so managed the 
affair that practically all of them were captured without 
blood being shed. Although the New Hampshire Indians 
were immediately released, neither they nor the rest of 
their tribe ever forgave Waldron for what in their opinion 
was a breach of faith and an act of treachery on his part. 
Soon afterwards they became hostile. Although occasional 
raids were made upon the outlying settlements, the inhabi- 
tants of New Hampshire during this war suffered but little 
in comparison with what the people endured both north and 
south of them. Nevertheless, on account of the character 
of the struggle and the tactics of the enemy, the expense 
incurred for purposes of defence was quite heavy. Con- 
sequently, when a treaty was concluded with the Indians 
in the spring of 1678, the people felt greatly relieved. A 
little more than a decade then passed, during which the 
settlers enjoyed the blessings of peace. Then the war- 
whoop was again heard along the Piscataqua. Although 
nearly thirteen years had elapsed since the sham fight, the 
Indians had by no means forgotten it. In fact, they had 
long been thirsting for revenge and been patiently waiting 
for a favorable opportunity to wreck vengeance upon those 
concerned in it, though all the time keeping on friendly 
terms with them. At last, in June, 1689, the time appeared 
ripe for the execution of the design they had in mind. Ac- 
cordingly, on the twenty-seventh of that month, squaws ap- 
plied at each of the five garrisons in that part of Dover, 
known as Cocheco, and asked for permission to stay there for 
the night. Being admitted into all but one of the garrisons, 
they patiently waited until the households had retired to rest 
when, all being quiet, they opened the gates and gave the 
signal to the Indians lurking without. Immediately the latter 
rushed in and began their deadly work. As Waldron was 
the particular object of their vengeance, their attack upon 



488 ^"^ElV HAMPSHIRE AS A ROYAL PROVINCE [670 

him was the most cruel and revolting, although elsewhere 
the work was bloody enough. By the time it was all over 
no less than twenty-three were killed and twenty-nine more 
held captive, while only one garrison of the five still bade 
defiance to the foe. Thus began in New Hampshire a 
period of hostilities which continued with hardly an in- 
terval of peace for more than a score of years. 

Although the struggle at first was purely a local one 
with the Indians, it soon assumed larger proportions, for 
France and England became involved in war. And so 
throughout the colonial period it always happened that 
whenever the two countries waged war against one an- 
other, their colonies on this side of the Atlantic invariably 
became participants in the struggle, even though the causes 
which produced the war did not actually concern them. 
With the opening, therefore, of King William's war in 
1689, the colonies entered upon a new era. With that year 
a critical period in their history began which lasted until 
1763. During that time, England and France declared 
war against each other four times. In America these wars 
are generally known as King William's War, 1689-97, 
Queen Anne's War, 1702-13, King George's War, 1744-48, 
and the French and Indian War, 1754-63. The first was 
brought to a close by the treaty of Ryswick, the second 
by the treaty of Utrecht, the third by the treaty of Aix-la- 
Chapelle and the fourth by the treaty of Paris. Although 
three of the wars were primarily European contests, so far 
as the main objects aimed at and the principal interests in- 
volved were concerned, nevertheless each contributed some- 
thing towards the solution of the problem which confronted 
the American colonies. Moreover, with the extension of 
the English settlements westward, the necessity of driving 
the French from Canada became more and more urgent. 
In fact, it was generally recognized that their expulsion 



671] MILITARY AFFAIRS 489 

was the only practical method of securing for the continent 
a firm and lasting peace. At last the end sought was, in- 
deed, attained but it was only after many sacrifices and 
through the persistent and continued efforts of both the 
mother country and her colonies for several successive 
years that the goal was finally reached. As a result the 
English flag waved in triumph over the continent from the 
Atlantic seaboard to the banks of the Mississippi. The 
barrier which had prevented the rapid extension of the 
colonies westward was removed and the French were prac- 
tically eliminated as a factor in the further development 
of North America. The colonies were no longer menaced 
by a foe in their rear while the Indians, deprived of their 
allies, were soon made to realize that they must remain 
on peaceful terms with the victors. Moreover, England's 
pre-eminence upon the high seas and her commanding posi- 
tion among the nations of Europe, seemed to be a guarantee 
of peace for many years to come. Reasonably secure, there- 
fore, from attack, the colonies then found themselves amid 
more favorable surroundings than ever before. On every 
side the horizon appeared clear and unclouded and from 
all appearances nothing was likely to hinder their rapid 
development. In fact, their future seemed to be particu- 
larly bright. 

During the period from 1689 to 1763, New Hampshire 
ensra^ed in five wars. Of these the first two and the last 
two were with both the French and the Indians while the 
third was with the Indians alone, although French influence 
was largely responsible for it and was exerted throughout 
the struggle.' For the greater part of this period New 

1 This war is generally known as the Fourth Indian War or Love- 
well's War. It began in a sporadic way in 1721 and continued until 
1725. As a result of it the power of the Norridgewocks was completely 
broken, their principal village destroyed and Rale, their spiritual ad- 



490 NE^^ HAMPSHIRE AS A ROYAL PROVINCE [672 

Hampshire, like the other colonies, kept on the defensive. 
Sometimes, however, expeditions w^ere sent into the in- 
terior not only for the purpose of surprising and killing- 
the Indians but with the view of breaking up their settle- 
ments there and destroying their planting grounds. Occa- 
sionally, too, the province also participated in various ex- 
peditions which were sent into French territory, but it was 
only during the last inter-colonial war that any sustained 
efforts were made to carry the war into the enemy's country. 
As a means of defending themselves against the on- 
slaughts of the enemy, the inhabitants found the so-called 
" garrisons " the best protection. These were dwelling 
houses, the sides of which were very thick and solid so that 
bullets could not go through them. Sometimes, where the 
building was two stories high, the upper one projected over 
the lower, so that the inmates could with greater safety 
shoot at those who attempted to batter down the doors or 
set fire to the place. At various points the walls were per- 
forated with loop-holes through which the enemy could be 
seen and fired upon. In some cases flankers were 
built in the corners for use as lookouts, while occasion- 
ally a sentry box was placed on the roof for the same pur- 
pose. As an additional protection, the houses were gener- 
ally surrounded by a high-picket fence or palisade. Al- 
though some of these houses were specially constructed to 
serve as garrisons, often, in cases of emergency, ordinary 

viser, slain, while the Penobscots and the Pequawkets also suffered con- 
siderably. The other wars have already been named. For confer- 
ences held and treaties made with the Indians, see Provincial Papers, 
vol. ii, pp. no, 299, 319, 366, 403, 644, 656, 693, 694, 708, 731, 743, 787; 
vol. iii, pp. 239, 543, 644, 693 ; vol. iv, pp. 190, 254, 461 ; vol. v, pp. 127, 
133; also passim. Belknap, History of Nezv Hampsliirc, passim. 
Drake, Border JJ^ars of Nezv England, pp. 69, 93, 105, 136, 150, 208, 
289, 293. Penhallow, Indian Wars, passim. 



673] MILITARY AFFAIRS 491 

dwelling places were strengihened and made fit for such 
service. As the people lived in open villages and not in 
fortified towns, this method of defence presented itself as 
the only practicable one under the circumstances. The 
weak feature however of such a system was that it in- 
volved the abandonment of the other houses in the settle- 
ment. Though rude and homely, these structures proved 
to be veritable havens of refuge for the inhabitants in time 
of danger, and, when properly and vigorously defended 
and all the necessary precautions were taken, they seldom 
fell into the hands of the foe. When the Indians were 
threatening the frontier or danger was scented, the settlers 
abandoned their homes and sought protection within the 
garrisons. Watch and ward was appointed and everything 
was done to guard against surprise. To give warning of 
the enemy's approach scouting parties were kept out in the 
woods and at the heads of the rivers, while detachments of 
cavalry patrolled the roads connecting the frontier settle- 
ments. Although the stretches of primeval forest which 
extended, unbroken by any clearings, from one settlement 
to another securely covered the movements of the enemy 
and enabled them to elude the scouting parties, still the lat- 
ter's work was not in vain, for by constantly scouring the 
woods on the frontier and by keeping up steady communi- 
cation between the straggling settlements along the border, 
the enemy were prevented from assembling in large num- 
bers in close proximity to the settlements. When neces- 
sary additional men were impressed to serve in the more ex- 
posed garrisons and sometimes detachments of the militia 
w^re sent into the threatened region. As the Indians were 
seldom seen before they struck the blow contemplated, when 
the report of their guns or the sound of the war-whoop 
alone revealed their presence, the suspense in which the 
people were held for days and even months at a time may 



492 ^EJ^ HAMPSHIRE AS A ROYAL PROVINCE [674 

well be imagined. The news that the savages were killing 
settlers every now and then at different places in Massa- 
chusetts and Maine greatly increased the uneasiness because 
no one knew when or where the Indians would next appear. 
And, although little or no damage might be inflicted upon 
the settlements during an entire season, still the expenses 
incurred for defence were heavy. Often small roving 
bands prowling through the forests and lurking near the 
outskirts of the villages kept the frontier in a continual 
state of alarm. At times the scalping parties were so 
numerous that a person could not cross the threshold of a 
garrison without being fired upon by the Indians, who 
often lay concealed behind rocks, bushes or tree-trunks pa- 
tiently waiting for just such an opportunity. At such 
times all work in the fields had to be abandoned, the in- 
habitants being closely confined to the garrisons until it 
was safer to venture out. Even then, however, they went 
abroad armed and while the men worked in the fields or 
in the woods sentinels were kept posted close by to watch 
for signs of the enemy. When, at last, there was reason 
to believe that the enemy had drawn off, the people returned 
to their houses every morning and worked on their 
own places until late in the afternoon, when they again 
sought the protection of the garrisons for the night. This 
they continued to do until all danger seemed to be passed. 
After a summer thus spent, the approach of cold weather 
was hailed with delight, for it gave the borderers some 
assurance of relief, inasmuch as the Indians at that season 
usually retired to their winter quarters. During the long, 
cold and dreary winter that followed, the thing most 
dreaded was an attack from the bands which under French 
officers were occasionally sent forth from Canada to pounce 
upon the more exposed settlements. Notwithstanding the 
fact that the inhabitants realized the danger to which they 



^75] MILITARY AFFAIRS 493 

were constantly exposed, nevertheless, the long periods of 
confinement and the constant exposure to danger apparently 
made them grow at times indifferent and careless. Far too 
often they exposed themselves unnecessarily and did not 
take the proper precautions. As a result many lives 
were lost which could have been saved. Although the loss 
in killed, wounded and captured during a season might be 
very small, still it was severely felt, particularly during 
the earlier wars, for then the province was but sparsely 
settled and every town was not only within easy reach of the 
enemy but needed practically every man for its own defence. 
Fortunately during these wars, Massachusetts soldiers were 
often posted in the province for considerable periods of 
time. 

The suddenness with which the enemy struck their blows, 
the manner in which they went about their bloody work and 
the destruction which they often wrought has in a measure 
been already indicated and may be more fully illustrated by 
referring to what happened in 1690 and 1694. In 1690 
occurred the attack on Salmon Falls. Since the preceding 
fall the inhabitants had been living in apparent security. 
The enemy had been neither seen nor heard of near the 
settlements and none was expected, for up to that time 
Indian raids upon the border during the winter season 
were practically unknown. When, therefore, in midwinter 
news was received that the village of Schenectady in New 
York had been surprised and a large number of its in- 
habitants massacred, a thrill of horror swept through the 
border settlements for no one knew when or where the next 
blow would be struck. This disaster, of course, served to 
put people on their guard, but as one week after another 
passed without any further mischief being done they began 
to sfrow less careful. Such was the situation when a few 
Frenchmen and a band of Indians approached the straggling 



494 -^-Ef^ HAMPSHIRE AS A ROYAL PROVINCE [676 

settlement of Salmon Falls toward the close of March. 
Finding no watch kept, they decided to make an attack 
upon it immediately. Just as dawn was breaking, the 
assault began simultaneously at several different points. 
Although surprised, the terror-stricken inhabitants dis- 
played rare courage but were finally overcome. Some 
thirty were killed, and more than fifty, consisting mainly 
of women and children, were taken captive. After 
pillaging and then setting fire to the garrisons and 
undefended houses, wantonly killing the cattle and 
destroying such other property as they could in their 
haste, the assailants withdrew to the recesses of the 
forest with their plunder and prisoners. An alarm being 
promptly given, a force of men was quickly collected from 
the neighboring settlements and sent off in pursuit of the 
foe. Coming upon the latter in the afternoon, they quickly 
forced them into a fight which continued until darkness 
put an end to the conflict, when the pursuers decided to 
withdraw, having inflicted a slight loss upon the enemy and 
having incurred a similar one themselves. For some weeks 
after this all was quiet. Then the French and Indians sud- 
denly appeared at Casco Bay in Maine where similar scenes 
of slaughter and destruction were witnessed. Fearing other 
attacks the people in the various garrisons east of Wells 
retired for protection to the fort at the latter place, while 
the Indians began to move westward. Soon they appeared 
in New Hampshire, attacking the scattered dwellings at 
Fox Point in Newington, where they set several houses on 
fire and killed and captured a score of people. A relief 
party, being sent out in pursuit of the retreating savages, 
soon sighted the latter and recovered a few of the captives 
and a part of the plunder. Some weeks later, while en- 
gaged in mowing a field near Lamprey river, eight people 
were killed and one captured, while the very next day an 



(iyy^ MILITARY AFFAIRS 495 

attack was made on a fortified house in Exeter which was 
only saved by the timely arrival of a reinforcement. The 
following day some troops, engaged in scouting the frontier, 
discovered an Indian track which they pursued until they 
came up to the enemy at Wheelwright's Pond in Lee, where 
a fierce engagement took place, resulting in the slaughter of 
fifteen of the pursuers and the wounding of several others. 
Turning westward the Indians proceeded along the border 
as far as Amesbury in Massachusetts, killing at different 
points on the way no less than forty people in a single 
week. Although other attacks were expected, none occurred 
in New Hampshire during that year. Quiet again reigned 
on the border and when winter set in the inhabitants gave 
a sigh of relief. 

In the summer of 1694, the attack on Oyster river oc- 
curred. For almost a year prior to that time there had 
been no hostilities with the Indians, for a treaty of peace 
had been concluded with them the previous August. As far 
as the French and English colonies were concerned, how- 
ever, it was still a period of war. Realizing that a con- 
tinuance of the peace would result in defeating their policy 
in the East, the French set their agents to work among the 
savages and in due time they succeeded in getting a con- 
siderable number of them to take up the hatchet again. This 
accomplished, they singled out the scattered village of 
Oyster river as the first object of attack. Then a few 
Indians were apparently sent forward to obtain information 
about the place. Although they were seen lurking about 
the neighborhood, their presence caused little uneasiness, 
for they always disappeared without doing mischief. At 
last a band of between 200 and 300 Indians, commanded 
by a French officer and accompanied by a Jesuit mission- 
ary, cautiously advanced to the falls of the river. This 
point they reached undiscovered on the evening of July 



496 ^EW HAMPSHIRE AS A ROYAL PROVINCE [678 

17th. Although there were enough garrison houses in the 
village to shelter all the inhabitants, they were occupied at 
this time in most cases only by their owners and their fami- 
lies, for, as no attack was expected, most of the settlers 
slept in their own defenceless homes and only a loose watch 
was kept. When evening came and the inhabitants, uncon- 
scious of the awful calamity that was to befall the place, 
had retired to rest, the savages quietly formed into two 
divisions — one for each side of the stream. Then, in or- 
der that all the houses of the straggling settlement which 
extended for several miles on both sides of the river might 
be effectually covered, each division soon afterwards broke 
up into many small bands, each of which was ordered to 
take up a position near some house and wait patiently under 
cover until a gun was fired as the signal for action. For- 
tunately for some of the settlers, one of their number had 
planned to go on a journey early the next morning. Hav- 
ing risen much earlier than usual, he started to leave the 
house; but just as he came out of the door he was fired upon 
and killed. Although some of the savages had not yet 
reached the places assigned them, the slaughter began 
wherever they were ready. Quickly breaking into the un- 
protected houses, the Indians either massacred or made 
most of the inmates prisoners, after which they deliberately 
set fire to the premises. Only a few eluded their vigilance 
and escaped to places of safety. In their attack upon the 
garrisons, the enemy was not so successful. Of the twelve 
garrison houses in the settlement, three were abandoned by 
the occupants, most of whom succeeded in effecting their 
escape, and two were taken without a struggle, most of 
the inmates being murdered, while the remaining seven 
were successfully defended. When, at last, the Indians 
withdrew, at least twenty houses were in ashes, nearly one 
hundred of the inhabitants lay dead and almost thirty others 



679] MILITARY AFFAIRS 497 

were in the hands of the assailants. Soon afterwards a 
small party crossed the Piscataqua and killed Mrs. Ursula 
Cutt and three of her laborers as they were haymaking in 
a field situated but two miles from Portsmouth, while a 
much larger party marched westward and fell upon the 
settlements near Groton in Massachusetts, killing and cap- 
turing some forty persons. From the French point of view, 
this blow accomplished its purpose, for it broke off all talk 
of peace between the Indians and the English. To such 
attacks as these the inhabitants were always exposed. 

To strike without giving a moment's warning and then 
make good their escape before a relief party could be sent 
in pursuit of them; to shoot down the people as they 
came out of their houses, or as they were at work in the 
fields or woods, or as they journeyed along the highways 
to some neighbor's house or to the next village, on business 
or pleasure bent, such was the sort of work in which the 
Indians took the greatest delight, such was the course which 
the French believed would best accomplish their purpose, 
and such was what the settler had to guard against for a 
great many years. 

From first to last the colonists labored under many dis- 
advantages. Their villages, unlike those of the French and 
Indians, were comparatively easy of access, for most of the 
larger streams had their sources in the hills and mountains 
near the Canadian border and flowed in the main in a 
south-easterly direction through the English settlements. 
Then, too, the inhabitants did not live in fortified towns or 
compact villages but in open and straggling settlements in 
which only a few of the houses were so constructed or forti- 
fied as to withstand an attack. Moreover, they were scat- 
tered very irregularly along a very extended frontier. 
Usually, too, they were not within supporting distances of 
one another, often being separated by great stretches of the 



498 ^EJV HAMPSHIRE AS A ROYAL PROVINCE [68o 

primeval forest which enabled the enemy to strike and dis- 
appear before effective resistance could be made. More- 
over, back of the frontier, stretching as far as the French 
settlements in Canada was nothing but a vast unbroken 
wilderness inhabited only by the Indians who formed a sort 
of barrier between the French and- English colonies. In 
New England, however, these natives of the forest gener- 
ally sided with the French, for, although they appeared 
anxious to keep on friendly terms with the English, chiefly 
because they could obtain cheaper and better goods from 
them, the influence which the French agents and Jesuit mis- 
sionaries wielded over them was so great that at the critical 
moment they were invariably persuaded to take up the 
hatchet against the settlers. Then again, although the 
Indians always knew where to find the English, it was a 
far more difficult matter for the latter to find the red- 
skins, and even if they did come upon one of their villages, 
the damage done was usually trifling, amounting in most 
cases to nothing more than the destruction of their wig- 
wams and cornfields and the killing perhaps of a few 
stragglers. The havoc wrought by the savages, however, 
was of a far more serious nature. Moreover, on account 
of their peculiar tactics, the loss which the tawny warriors 
sustained in their border raids was inconsiderable compared 
with the damage they inflicted and the number they killed, 
wounded or captured. In fact, it has been stated that, if 
the amount of money spent for purposes of defence be 
divided by the number of Indians slain, it will be found 
that every Indian scalp cost the country f looo. 

As for the captives, their lot was at best a hard one, for 
to fall into the hands of the foe almost always meant priva- 
tion and suffering. As they were regarded as the property 
of the warriors in whose possession they were, each had 
a market value and could be sold like any other piece of 



68 1 ] MILITARY AFFAIRS 499 

property. And fortunate it was that this was the case, for 
it undoubtedly saved many from a far worse fate. The 
treatment of all, however, was by no means the same. 
Some had kind and considerate masters, others cruel and 
surly ones. Generally speaking, those captives fared best 
who fell in with the Indians' ways and willingly did the 
latter's bidding. Once the settlements were left behind, 
the raiders usually broke up into small parties, the better 
to subsist by hunting and the better to elude pursuit. 
Often, however, during the long and weary march that 
followed food became scarce and frequently hunger and 
starvation stared both captor and captive in the face. Often, 
too, many met death on the way, for, when one's strength 
was almost spent and his inability to keep up with the party 
became apparent a blow from the hatchet quickly put an end 
to his sufferings. Cruel as this may seem, it was really 
mercy in disguise, for it saved the afflicted from a slow and 
lingering death in the solitudes of the forest. What it 
meant to travel several hundred miles, as many actually did, 
" half naked and barefooted through pathless deserts, over 
craggy mountains and across deep swamps through frost, 
rain and snow, exposed by day and night to the inclemency 
of the weather and in summer to the venomous stings of 
those numberless insects in which the woods abounded," can 
at best be only imperfectly described. The mental anguish 
however which they suffered can only be imagined. 

Although the people of New Hampshire were practically 
forced by circumstances to keep on the defensive, they fully 
realized the advantages which would accrue to them, if the 
Indians could only be kept at a greater distance from the 
frontier. Accordingly, expeditions were from time to time 
sent to the lakes and streams in the interior where it was 
most likely the savages could be found. By laying waste 
the latter's planting grounds and breaking up their settle- 



500 NEJV HAMPSHIRE AS A ROYAL PROVINCE [682 

ments in that region, the settlers virtually compelled them 
to seek places of greater safety further inland. To a certain 
extent this served to give some relief to the more exposed 
hamlets on the border, for the further away the Indians v^ere 
from a base of supplies, the less likely they v^ere to linger 
on the frontier when the) made their raids on the English 
settlements. Expeditions of a similar character were also 
undertaken by Massachusetts against the Indians who in- 
habited the upper reaches of the rivers in Maine, for they 
were not only numerous and troublesome, being under 
French influence, but so situated as to be within easy reach 
of the settlements on the coast. In many of these enter- 
prises, New Hampshire for obvious reasons took part. If 
the success of these expeditions is to be determined by the 
number of savages who were killed and captured, most of 
them must be regarded as failures, for sometimes not a 
single Indian would be sighted during the entire journey ; 
at other times only a few would be killed or taken, while it 
was but seldom that the savages were surprised or lost any 
considerable number. When considered, however, from 
other points of view, these expeditions must be regarded 
as productive of much good. As the red man's planting 
grounds were invariably laid waste whenever seen and his 
stored corn destroyed whenever found, food often became 
scarce. Famine sometimes set in, and many deaths natur- 
ally followed. Moreover, as the Indians were inclined to 
go further inland when pursued, these undertakings un- 
doubtedly saved the border from many a raid. A few of 
these enterprises, however, were unqualified successes, so 
much so that in some cases the tribe attacked was never 
able to recover from the blow it received. Although ex- 
posure, disease and starvation probably did more to thin the 
ranks of the red men than any thing else, it was expeditions 
of this character which finally broke the power of the 



683] MILITARY AFFAIRS 50I 

Indians in the regions mentioned. At last some of the 
tribes were so reduced in numbers that they united with their 
neighbors for protection, while others withdrew entirely 
from their old haunts and joined the tribes in French terri- 
tory. Thus it happened that, by the close of the first quarter 
of the eighteenth century, the Indians actually living with- 
in the limits of New Hampshire were so few that they were 
never a source of trouble afterwards. 

In New Hampshire, as in other exposed sections of the 
country, the state of public opinion was such that any 
method of ridding the frontier of the murdering savage was 
considered justifiable. Hence it is not surprising that the 
legislature offered bounties to volunteers for every scalp 
or prisoner taken. ^ Sometimes singly, but more often in 
parties volunteers ranged the woods in all directions and 
penetrated great distances into the interior in search of the 
foe. Usually, however, they returned empty-handed, and 
it was but seldom that many Indians were seen or many 
scalps and prisoners taken. In their quest for the savage 
most of them took very desperate chances ; many suffered 
untold hardships ; and some performed almost incredible 
deeds of valor. During the last war with France, ranging 
parties such as these did service as scouts for the British 
generals. In fact the rangers of the Rogers brothers be- 
came famous for their daring deeds and highly successful 
exploits. Their crowning achievement was the destruc- 
tion of the Indian village of St. Francis. 

Although people realized that border raids could be pre- 
vented and a lasting peace with the Indians be secured by 
bringing Canada under the English flag, still the difficul- 

'^ For the amount of some of these bounties see Provincial Papers, 
vol. ii, pp. 418, 419, 421 ; vol. v, pp. 410, 439, 44°, 49i. 587, 802, 912 
t>assim. 



502 NE^y HAMPSHIRE AS A ROYAL PROVINCE [684 

ties in the way were such that up to the time of the last 
inter-colonial war only a few attempts were made to bring 
about so desirable an end. For any attempt to undertake 
the conquest of Canada necessitated the expenditure of a 
large sum of money and the equipment and dispatch of a 
considerable number of men. On account, also, of the dis- 
tance to be covered, provisions for several months had | 
to be taken along. Moreover, united action on the part of 
at least several colonies was necessary, as no colony was then 
sufficiently strong or wealthy enough to accomplish the task 
alone. To get several colonies to co-operate in such an 
enterprise, however, was under the circumstances no easy 
matter, and, even when an agreement was reached, gover- 
nors generally met with many difficulties at the hands of 
their respective assemblies while the officers appointed to 
command the joint forces encountered many obstacles which 
resulted in such exasperating and vexatious delays that the 
success of the expedition was often seriously jeopardized 
before the enemy's forces were sighted or its territory in- 
vaded. Furthermore, except in one instance, the assistance 
of the home government was always regarded as essential 
to success. Owing, however, to the complexion of affairs 
at home and the many demands which the wars on the 
continent made upon her, England, during the first three 
inter-colonial wars, was not able to pay much attention to 
what was going on in America. Consequently the colonies 
were usually left to care for themselves and it was only 
during the last war with France that any persistent and 
determined effort was made to drive the French from 
Canada. By the people of New England, the possession 
of the French territory on the coast to the east of them 
was also regarded as important, for not only did its harbors 
shelter the privateers and pirates who sometimes infested 
the adjacent seas, preying upon those engaged in the fish- 



685] MILITARY AFFAIRS 503 

eries, but they could be used also as a convenient rendezvous 
for expeditions sent against the coast towns. 

In 1690 ^ expeditions were undertaken against both 
Canada and Acadia. In the first, four colonies partici- 
pated ; in the second, only one. The former was a complete 
failure; the latter a distinct success. Port Royal passed 
into the hands of the English and with it went the rest of 
Acadia, for the captured fortress was the only place of 
strength in the province. Later, however, it passed again 
into the possession of its former owners. In 1707. an- 
other expedition was sent to capture the fortress. This 
time all the New England governments were invited to take 
part in the undertaking. Connecticut alone refused to par- 
ticipate; New Hampshire furnished two companies, Rhode 
Island eighty men and Massachusetts the balance. In all 
two regiments were raised. Although the prospects of suc- 
cess seemed bright, petty jealousies and dissensions among 
the officers, combined with bad judgment and poor leader- 
ship, wrecked the enterprise so that nothing was accom- 
plished.^ Early in 1709, word was received that the home 
government intended, with the help of the colonies, to make 
a combined land and naval attack upon Canada. Accord- 
ingly, Connecticut, New York, New Jersey and Pennsyl- 
vania were called upon to furnish 1600 men who were to 
invade Canada by way of Lake Champlain, while Massa- 
chusetts, Rhode Island and New Hampshire were asked to 
raise 1200 to sail with the fleet which was to be sent from 
England. New Hampshire's quota was fixed at too. In 

1 For details concerning this and the other expeditions made, see 
Belknap, History of New Hampshire; Drake, Border Wars of Nezv 
England; Parkman's Count Frontenac, Half Century of Conflict and 
Montcalm and Wolf. For many of the muster rolls of the New Hamp- 
shire troops see Adjutant General's Report, 1866, vol. ii. 

2 Provincial Papers, vol. ii, pp. 496, 505, 506 ; vol. iii, pp. 361 passim. 



504 ^ElV HAMPSHIRE AS A ROYAL PROVINCE [686 

due time Governor Dudley called upon the assembly to 
raise the men, provide two transports for their transporta- 
tion and furnish sufficient subsistence to last four months 
from the time the fleet got under way. As the province at 
the time was in an exhausted and impoverished condition, 
owing to the war which was then raging, and those who had 
served in previous campaigns had not been fairly treated 
or promptly paid, considerable difficulty was experienced 
both in procuring the necessary funds and in raising the re- 
quisite number of men, and it was not until one assembly 
had been dissolved and another summoned that the neces- 
sary money was voted. ^ At length, the preparations were 
completed and the men anxiously awaited the arrival of the 
English fleet. Though daily expected, month after month 
passed without any tidings being received as to its where- 
abouts. When, at last, the season was too far advanced 
to permit of a movement on Canada a proposal was made 
that the New England colonies should proceed to attack Port 
Royal, but the captains of the British frigates then in New 
York and Boston refused to participate on the score of the 
late season and the want of orders. Finally, intelligence 
was received that the armament promised had been sent 
to Portugal. 

Notwithstanding the fact that a vast sum of money, con- 
sidering the impoverished condition of the more exposed 
colonies, had been spent in forwarding the expedition, rep- 
resentations were made to the home government to revive 
the enterprise the next season. After considering the mat- 
ter for some time, however, the ministry resolved upon the 
reduction of Port Royal only. Again, New Hampshire's 
quota was lOO men. This time, to encourage volunteers to 
enlist, each was given a coat worth thirty shillings and one 

1 Provincial Papers, vol. ii, pp. 593, 595 ; vol. iii, pp. 385 to 399 ; Belk- 
nap, History of Nezv Hampshire, vol. i, p. 348. 



687 j MILITARY AFFAIRS 505 

month's wages before embarking and promised freedom 
from impressment for three years, scouting near the gar- 
rison to which each belonged and watching and warding 
alone excepted. In all four regiments were raised by the 
New England colonies. These, with a regiment of royal 
marines, gave an effective fighting force of about 2000 men. 
Before such a force, aided as it was by a squadron of war- 
ships, Port Royal easily fell. The place passed definitely 
under the English flag and was named, in honor of the 
queen, Annapolis.^ Representations were then made to the 
home government to complete the work by undertaking 
an expedition against Canada. The New Hampshire as- 
sembly joined in these representations, sent an address to 
the queen to the same effect and directed its agent in London 
to press the matter at Court. As a result, a combined land 
and naval attack on Canada was authorized and orders 
were issued, requiring all the colonies as far south as Penn- 
sylvania to get ready their quotas of men and provisions. 
As before, New Hampshire was called upon to contribute 
100 men. Although the assembly claimed that the province 
should have been asked to furnish only eighty, nevertheless, 
it voted to raise ninety men, and furnish besides one trans- 
port and three months' provisions, but when the members 
found that the governor would not agree to this and in- 
sisted upon having the full quota, two transports and suffi- 
cient subsistence for 126 days, besides such provisions as 
were necessary for the men before embarkation, they re- 
considered their vote and acceded to his excellency's wishes. " 
By the end of July all was ready. The New England 
troops, 1500 strong, formed two regiments under the com- 
mand of Colonels Vetch and Walton, the latter a New 

1 Provincial Papers, vol. iii, pp. 420, 437, 44s, 448, 453. 

2 Provincial Papers, vol. iii, pp. 453, 483, 484, 490, 491 passim. ; 



5o6 ^^^ HAMPSHIRE AS A ROYAL PROVINCE [688 

Hampshire man. Counting those who had been brought over 
from England, nearly 7000 soldiers sailed for Canada. 
Such a force, aided as it was by a strong fleet of war ships, 
in fact the most formidable squadron that had ever been 
sent from the Old World to take part in any war like enter- 
prise in the New, was quite equal to the task of reducing 
Quebec. After leaving the coast, all went well until the 
vessels had advanced a considerable distance up the St. 
Lawrence when, the weather becoming thick and foggy, they 
lost their bearings and eight transports were wrecked, caus- 
ing the loss of nearly 1000 men. Although there was a 
strong force left and the squadron was still intact, a council 
of war decided against proceeding further up the stream. 
As a result the expedition broke up without striking a 
single blow. When the news of the disaster reached 
Colonel Nicholson, who was marching up from Albany on 
his way to Montreal, he concluded to disband his troops, 
as there was no chance of his succeeding against the com- 
bined military forces of Canada.^ 

As the prospects of success were particularly bright when 
the fleet left the New England coast, the news of the dis- 
aster was a bitter pill for the people to swallow. The dis- 
appointment felt on every side was very keen. According 
to one writer the financial loss was so great that it affected 
the country for seven years afterwards. Though drained 
and weakened by a long war, the more exposed provinces 
had spent money with a lavish hand, fully expecting that 
it would result in the capture of Canada. Downcast and 
impoverished as the people were, they were still desirous 
of having the expedition revived the following year and in 

1 Provincial Papers, vol. ii, p. 629 ; Penhallow, Indian Wars, pp. 68 
to 71. The fleet was in charge of Admiral Walker; the troops on 
board under command of Brig.-Gen. Hill. 



689] MILITARY AFFAIRS 507 

fact made representations home to that effect. The New 
Hampshire assembly, in its address to the queen, prayed 
some abatement in its quota on the ground that one half 
of the men were daily employed against the enemy and at 
least one-third of their young men went abroad every year. 
Its agent in England was also instructed to ask for some 
abatement in the province quota and directed to lay be- 
fore the queen the " sorrowful " state of the province, 
which consisted of no more than one thousand fighting 
men, living in six or seven open villages " which were al- 
ways exposed to the inroads of the French and Indians and 
always upon their guard and scouting." Notwithstanding 
these representations, however, the expedition was not 
revived.^ 

Although the treaty of Utrecht, which was concluded in 
1713, confirmed England in possession of Acadia, France 
continued to exercise considerable influence over the inhabi- 
tants there. Moreover, her position in the east, though tem- 
porarily weakened, was such that it was destined again to be 
a menace to the coast towns of New England and to the 
fisheries in which many of the inhabitants were engaged, for 
she still held the island of Cape Breton which was situated in 
a very commanding position just to the northeast of Acadia. 
Some years after the close of the war, she began to fortify 
its principal harbor, which in the course of time became the 
Gibraltar of America.^ Not only did it command the main 
entrance to Canada by way of the sea but it was used as a 
naval station and could be made the base from which the 
New England coast towns could be easily attacked. More- 
over, it furnished a safe retreat to privateers. For these 
reasons, Massachusetts, during King George's War, deter- 

1 Provincial Papers, vol. iii, pp. 507, 509. (>Z2- 

2 In honor of the French king the place was called Louisburg. 



5o8 ^-E[4/ HAMPSHIRE AS A ROYAL PROVINCE [690 

mined to capture it. Accordingly, all the governments as 
far south as Pennsylvania were invited to co-operate in the 
undertaking, but only those east of New York accepted the 
invitation. Although the New Hampshire assembly 
agreed at first to raise only 250 men. it decided later to 
increase the number to 350 and voted to give them the 
same encouragement as Massachusetts gave her men. Then 
Governor Shirley, of the latter province, asked Governor 
Wentworth to raise an additional 150 men to be aggregated 
to the New Hampshire quota, but kept in the pay of the 
Boston government. In all, therefore, 500 men were to be 
raised in New Hampshire. Provisions for four months 
were speedily provided and transports were promptly se- 
cured, one of which was fitted out with guns taken from the 
fort. Massachusetts voted 3000 men and Connecticut 500, 
while Rhode Island furnished a sloop of war. Upon reach- 
ing the appointed rendezvous, the colonial transports were 
joined by Commodore Warren of the British navy, who had 
come up from Antigua with a small squadron which was 
soon reinforced by some men-of-war from England and by 
the capture of a French warship. While the fleet closely 
invested the harbor at Louisburg, the land forces vigorously 
pressed forward the siege operations. To the surprise of 
many, the fortress, on June 17th, 1745, only a month and 
a half after the beginning of the siege, surrendered. Both 
in Old and in New England, the tidings were received with 
great manifestations of joy and in New Hampshire the as- 
sembly voted to spend £25 for such public entertainment as 
the governor should think fit and proper for the occasion.^ 
Believing that the troops would be in service for a longer 

1 Provincial Papers, vol. v, pp. 266, 272, 279, 282, 290, 291, 293, 359, 
740, 743, 766, 932, 948. For list of New Hampshire men in the expedi- 
tion see ibid., vol. v, pp. 372, 943. Compare also Adjutant General's 
Report, 1866, vol. ii, p. 63. 



691] MILITARY AFFAIRS 509 

period than had been provided for, the assembly earlier in 
the month had empowered the committee in charge of the 
arrangements connected with the expedition to provide pro- 
visions and stores for another month and authorized it also 
to dispatch such clothing to the men as was needed. More- 
over, since it had been strongly represented that more troops 
would be required for the successful prosecution of the siege, 
the assembly had also agreed to raise 100 additional volun- 
teers, besides making provision for the support of the men 
already on the ground for such further time as might be 
deemed necessary.^ After the fortress surrendered, some of 
the troops who could be spared were gradually withdrawn, 
Of the New Hampshire quota, 169 had left the place by the 
beginning of September, many of them, according to Gov- 
ernor Wentworth, " landing in the province in a manner 
naked and all must suppose destitute of money to carry them 
to their respective habitations." For this reason he pressed 
the assembly to pay them off promptly and recommended 
" an augmentation of their wages or an additional premium 
as a reward for their faithful and hard service," for, " if 
something of this nature is not done, few." said he, " will 
be able with their whole wages to put themselves in the 
same state with respect to their clothing as when they en- 
tered into the service." As the arrival of troops from Eng- 
land that season to garrison the place was hardly expected 
it devolved on the New England colonies to furnish enough 
soldiers to render the fortress reasonably secure for the 
winter. Again New Hampshire showed her willingness to 
bear her share of the expense by voting to subsist 130 men 
for eight months and by agreeing to support all above that 

1 Provincial Papers, vol. v, pp. 329, 334, 369, Z72, 758, 946, 948. Writ- 
ing to Gov. Wentworth on June 15th, twro days before the surrender. 
Gov. Shirley said, " This is the very crisis of the fate of New England, 
particularly of this and your province." 



5IO NEW HAMPSHIRE AS A ROYAL PROVINCE [692 

number who should be prevented from returning home pur- 
suant to the assembly's order. Upon the arrival of some 
troops from England the following spring, the colonial 
forces were permitted to return home/ 

On the 3d of June, 1746, the legislature was convened in 
special session to consider the king's commands relative to 
an expedition for the reduction of Canada. According to 
the royal orders, the colonies were expected to raise as many 
troops as the time at hand permitted, the men so enlisting 
to be borne in the king's pay and furnished with arms and 
clothing at the crown's expense. Fully realizing the im- 
portance of the enterprise, the two houses readily agreed to 
have as many men enlisted as could be got ready by the last 
of July, and, to encourage as speedy an enlistment as pos- 
sible, offered them the same bounty and encouragement as 
volunteers in Massachusetts received. As the arrival of 
a squadron and a considerable number of troops was ex- 
pected from England within a few weeks, every effort was 
made to push forward the necessary arrangements con- 
nected with the expedition ; but it was all to no purpose, as 
the assistance promised never came. ^ When, at last, the 
season was too far advanced to make an attack on Canada, 
Governor Shirley proposed to employ the colonial forces 
in an expedition against Crown Point, but before much 
could be done the country was startled by the news that a 
powerful French fleet was on its way across the Atlantic to 
re-take Louisburg and lay waste the towns on the coast. 
Immediately attention was focused upon the defences at 

1 Provincial Papers, vol. v, pp. 370, 371, 372, 373. 378, 383, 384, 412, 
779, 812. 

2 Provincial Papers, vol. v, pp. 428, 430, 461, 813, 816, 837. From the 
records it appears that by August 12th 597 had been enlisted in New 
Hampshire. The soldiers promised from England were sent on an 
expedition to Portugal. 



693] MILITARY AFFAIRS ^U 

home. In New Hampshire the enlisted men were sent to 
New Castle and set to work repairing the fortifications 
there. New batteries were also erected and ditches dug 
across the island. Equal to the occasion, the assembly au- 
thorized the governor to enlist or impress fifty able-bodied 
men to work on the fort for a period of fourteen days and 
eight days afterwards empowered him to enlist for a similar 
period if necessary 100 men for tlie fort and 100 more for 
scouting purposes on the frontier. x\lthough an attack was 
daily expected, nothing further was heard of the squadron 
until the following month, when tidings were received that 
it had been shattered by storms.^ The coast, therefore, 
was safe, but in the interior the Indians had been quite 
active. As it was now feared that further incursions would 
be made, the government decided to station some men at 
Lake Winnepesaukee, where a fort was built and the winter 
passed. Upon application of the authorities at Annapolis 
for troops to strengthen the garrison there, which was 
threatened by the French, Governor Wentworth, upon the 
council's advice, gave orders for the embarkation of 180 
men, but owing, it appears, to the discouragements and 
misrepresentations of evil-minded people only 128 officers 
and seamen actually embarked.- When peace was finally 
restored Louisburg, much to the disgust and indignation 
of the New Englanders, was given back to France. 

Peace, however, did not continue for many years, for in 
1754 occurred the clash between the French and English 
in the region west of the Alleghanies, which involved the 
two in a struggle that resulted in the complete subjuga- 

^ Provincial Papers, vol. v, pp. 109, 108, no, 460, 463, 464, 833, 837, 
844. It also appears that a pestilence had broken out on the way over 
v^rhich wrought havoc among the troops on board. Provisions also had 
become scarce. 

2 Ibid., vol. V, pp. Ill, 504, 84s. ^72. 



512 ^ElV HAMPSHIRE AS A ROYAL PROVINCE [6q^ 

tion of Canada. The places of great strategic importance, 
however, which had to be secured before so desirable an 
end was attained were Fort Duquesne, Niagara, Crown 
Point, Ticonderoga, Lonisburg, and Quebec. Once these 
were gained, the fate of Canada was sealed. Against these 
points, therefore, the English directed their operations, and 
although they met with many reverses they persisted in 
their efforts until all were in their possession. But this in- 
volved many campaigns, the expenditure of much money 
and the loss of many men while many disappointments were 
met with, many difficulties encountered and many obstacles 
overcome. 

In March, 1755, Governor Wentworth laid before the 
assembly Shirley's plan for the erection of a strong fort near 
the French fortress at Crown Point. As the project met 
with the legislature's approval, 500 men were voted as New 
Hampshire's quota of troops.^ Soon afterwards, however, 
the authorities decided to make an attack upon Crown 
Point itself rather than build a fort in such a position as 
to command it. Although some 3000 colonial troops were 
encamped near Albany early in July, General Johnson, who 
had been commissioned by the various governments as com- 
mander-in-chief of the expedition, was not ready to ad- 
vance against the enemy, for he was greatly hampered by 
the control which the different legislatures exercised over 
both the men and supplies they sent. For a time, too, no 
agreement could be reached concerning the amount of 
artiller}'- and stores which each government was to furnish. 
Then, too, some of the detachments were not properly 
equipped for a campaign while others were in need of 
supplies. Discipline, also, was lax and there was in gen- 

1 Provincial Papers, vol. vi, pp. 356, 358, 362, 363, 409, 410. The com- 
mittee to which the matter was first referred recommended the enlist- 
ment of 600 men. 



695] MILITARY AFFAIRS cj^ 

eral a lack of both harmony and co-operation between the 
different regiments. Difficulties of this kind, commanding 
officers had to contend with throughout the war. As a re- 
sult the efficiency of their forces was greatly weakened and 
the chances of success materially lessened. After innumer- 
able delays the advance began. A fort was built at the 
Great Carrying Place and a road cut through the woods 
to Lake George, which was reached by Johnson toward the 
end of August.^ Scouts having in the meantime learned 
that the French were expecting heavy reinforcements, a 
call was issued to the different colonies for reinforcements. 
Instead, however, of waiting for the English, Baron Dies- 
kau, the French commander, pushed south and attacked 
them at the lake, but after a hot fight his force was routed 
and he himself fatally wounded and made prisoner. In- 
stead of following up his victory, Johnson thought it best 
under the circumstances to remain where he was ^ and 
accordingly allowed the French to retreat unpursued. The 
consequence was that the latter strongly intrenched them- 
selves at Ticonderoga. Meanwhile, Johnson set the rein- 
forcements as they arrived to work building a fort, which 
he named William Henry. In reply to the call for more 
troops, New Hampshire sent 300 men under Colonel Gil- 
man, but, as a council of war decided against any farther 
advance, they were of little service." During the winter 
the newly erected forts were garrisoned by men provided 
by the different colonies. For this service New Hampshire 
furnished about 90 men. 

1 Provincial Papers, vol. vi, pp. 415, 429, 435, 439. The fort was 
called Fort Lyman, later Fort Edward. 

2 Ibid. For his reasons see ihid., vol. vi, p. 450. 

^Provincial Papers, vol. iv, pp. 421, 433, 439, 440, 450, 45i- At first 
only 150 men were voted but soon afterwards the assembly increased 
the number to 300. 



514 ^EW HAMPSHIRE AS A ROYAL PROVINCE [696 

Except for Johnson's victory at Lake George and the 
capture of some French forts in Acadia, the operations 
which the EngHsh had conducted during the season had 
been unsuccessful. Nothwithstanding this, however, it was 
resolved to renew the expeditions the following year. When 
the matter was brought up for consideration early in 1756, 
the New Hampshire assembly at first agreed to raise 350 
men but towards the end of March the representatives 
consented to increase the number materially. All of the 
men were to serve for a period not exceeding nine months 
and to be exempted from all military impresses for one year. 
None, however, were to be employed south of Albany or 
west of Schenectady and none were to be arrested during the 
continuance of the expedition " upon mean process or execu- 
tion " for a sum less than £50. In addition to their wages 
a bounty of £5, 5s. was promised each man. Furthermore, 
to encourage an early enlistment, those enlisting before 
the 15th of May were to be given a blanket, a hatchet and 
a knapsack while those who served in the previous campaign 
and reinlisted were promised half pay from January ist. 
In April, the governor was authorized to enlist 60 others to 
do scout duty between Salmon Falls and Lake George and 
the agents at Albany were empowered to employ 20 persons 
to assist in transporting provisions and stores to Lake 
George. Owing to the many obstacles encountered in rais- 
ing and dispatching the troops the New Hampshire regi- 
ment did not reach the Hudson river till the middle of 
June.^ Although an early campaign had been contemplated, 
innumerable delays occurred so that August was at hand 
before the colonial troops and the British regulars were 
ready to advance on Ticonderoga. Then tidings were re- 

1 Provincial Papers, vol. vi, pp. 459, 480, 482, 502, 506, 509, 512, 525, 
527 passim. The regiment was under the command of Col. Meserve. 
For the scale of wages paid the men see ibid., vol. vi, p. 504. 



697] MILITARY AFFAIRS ^I^ 

ceived that Oswego had fallen. Immediately Lord Loudon 
resolved to act on the defensive and appealed immediately 
to the various colonies for reinforcements. The latter, how- 
ever, were not sent either in such numbers or with such 
speed as was expected. In New Hampshire, the assembly 
was only willing to raise 100 men, claiming that, as the 
province had already exerted itself beyond its ability and 
had extensive frontiers to defend against an enemy that was 
daily expected, it was not within the power of the govern- 
ment to send a greater number. The reinforcement was 
finally sent off under Captain Oilman, but it was gone only 
a short time when the campaign ended, the Earl having 
decided to make no forward movement that season.^ 

For the next campaign, he desired the New England 
colonies to raise 4000 men. Although the quota assigned 
to New Hampshire was regarded as excessive, nevertheless, 
the assembly agreed to raise immediately the number stipu- 
lated. At the Earl's request, 200 of the men were sent 
to Charlestown on the Connecticut river, which place now 
passed under the supervision of the king's officers. A little 
later this detachment was ordered to Fort William Henry, 
its place being taken by a regiment of Connecticut troops. 
These acted as scouts until ordered to join the forces in 
New York. A part of the New Hampshire regiment with 
a company of artificers and three companies of rangers went 
to Halifax with Lord Loudon, who contemplated an attack 
on Louisburg. On account however of the late arrival of 
the British fleet and the fact that the place was reinforced 
by a powerful French squadron the attempt to reduce it was 
abandoned. In the meantime, the French under Montcalm 
laid siege to Fort William Henry which, after an obstinate 
and gallant defense, was forced to capitulate. Although 
the men were granted the honors of war and promised a 
1 Provincial Papers, vol. vi, pp. 33, 54i. 557 passim. 



5i6 NEIV HAMPSHIRE AS A ROYAL PROVINCE [698 

safe conduct to Fort Edward, the Indians pounced upon 
them before the last man had left the garrison. As the 
New Hampshire troops were in the rear they suffered 
severely, no less than 80 out of 200 being either killed 
or captured/ 

During the investment and immediately afterwards. Gen- 
eral Webb, who was in command of Fort Edward, kept 
sending expresses to the various colonies for help. In re- 
sponse to his many urgent appeals, the New Hampshire as- 
sembly agreed to send 500 of the militia, but stipulated that, 
if the governor received intelligence that the enemy had 
drawn off and the assistance was not required, the men 
should be immediately recalled. If, however, he found 
that Fort Edward was besieged, such an additional number 
might be sent as might be thought necessary. Fortun- 
ately, the French did not follow up their victory but with- 
drew to Ticonderoga. In pursuance of General Webb's 
orders, a force of 250 men was posted for a time at 
Charlestown. '^ 

With one defeat following another, the situation in 
America was becoming more and more critical. Though 
the British government had given material assistance to the 
cause and the colonies more exposed to attack had spent vast 
sums of money in expectation that the French would be 
driven back, the latter had actually encroached upon the 
frontier and threatened still further inroads. Then too, the 
enthusiasm of the previous campaigns was fast giving way 
to a spirit of despondency when the elevation of Pitt to office 
and the subsequent appointment by him of military com- 
manders of the first rank to lead the British forces in 
America, fired the people with a desire to continue the con- 

1 Provincial Papers, vol. vi, pp. 559, 564, 569. 575, 584, 598, 600, 604, 
609. Farmer's Belknap, I, p. 317. 

2 Provincial Papers, vol. vi, pp. 602, 603, 604, 606, 609. 



699] MILITARY AFFAIRS ^17 

test. In December, 1757, Pitt wrote a circular letter to the 
New England colonies, New York and New Jersey, calling 
upon them to furnish at least 20,000 men to join the royal 
forces, so that Canada might be invaded and the war 
carried into the enemy's country. As the king agreed to 
furnish the men with provisions, arms, ammunition, tents, 
artillery and such boats as might be needed for their trans- 
portation, all that the colonies were required to do was to 
raise, clothe and pay the men, and, that no encouragement 
might be wanting to make the colonies exert themselves to 
the utmost, assurance was given that Parliament would be 
asked to reimburse them for such expenses as each had in- 
curred according as " the active vigor and strenuous ef- 
forts of the respective provinces " justly appeared to merit. 
When, in March, 1758, Wentworth laid the matter before 
the assembly, the latter agreed to raise 800 men, and as 
usual promised them the same bounty, encouragement and 
wages as the Massachusetts men received. Although the 
governor said the grant fell short of what he had expected, 
believed it would be impossible to raise the required number 
by enlistment only and thought it would be advisable, since 
dispatch was necessary, to raise the men by an equitable 
draft from the various regiments, still, to prevent any delay, 
he approved the vote as it stood. Plis fears, however, were 
well founded, for on April i8th, he told the assembly that, 
from what he then knew, he was apprehensive there would 
be a deficiency of nearly one half in the forces intended for 
the expedition. He, therefore, urged the members to pass 
an effectual law which would enable him to complete the 
levies. At the same time he reminded them that May loth 
was the day set for the assembling of the forces at Fort 
Edward. He also informed them that General Abercrombie 
pressed hard for an augmentation of the grant to 1000. 
Thereupon the two houses agreed to have the men im- 



5i8 -^^ElV HAMPSHIRE AS A ROYAL PROVINCE [700 

pressed, but refused to increase the quota which the pro- 
vince was to furnish. On the ist of June, Wentworth called 
attention to the fact that the military fines were so low 
that the grant of 800 men could not be completed. In re- 
ply the representatives declared that as they could find no 
deficiency in the law, they would not amend it. However, 
they passed a resolve that the full complement of men should 
be immediately made up out of the regiments that had not 
furnished their respective quotas. In New York, too, the 
delays were many and exasperating. Finally, early in July 
all was ready and the expedition moved down the lake, but 
in foolishly attempting to carry the breastworks of Ticon- 
deroga at the point of the bayonet, the troops were repulsed. 
Although the army was still very formidable, the British 
general Abercrombie gave up all hope of taking the place 
and retreated to Lake George. Fortunately, in other parts 
of the continent the prospects of victory were much brighter, 
and, before the season closed, Louisburg, Frontenac and 
Duquesne, three of the great strategic points in the 
French line of defense, were in the hands of the English.^ 

Anxious both to improve the advantages thus gained and 
to retrieve the disappointment at Ticonderoga, Pitt called 
upon the colonies to raise at least as many men for the next 
campaign as they had raised for the previous one, and, to 
encourage them to do their utmost, offered them the same 
inducements as before. When these commands were pre- 
sented to the assembly for consideration, the committee, 
to which they were referred, reported in favor of raising 
1000 men, but added that, if for any cause that number did 
not enlist in time, the governor should cause such a number 
to be drafted out of the militia regiments as would, with 

1 Provincial Papers, vol. vi, pp. 655, 657, 659, 660, 662, 668, 670 ct scq. 
Col. Hart was in command of the New Hampshire regiment. For the 
wages of the men and the muster rolls see ibid., pp. 664, 739. 



70l] MILITARY AFFAIRS 519 

those who voluntarily enlisted, make 800 effective men. It 
also recommended that a bounty and certain encourage- 
ments be given the men who enlisted. Upon the adoption 
of the report, the men were raised and placed in command 
of Colonel Zaccheus Lovewell. Some took part in the re- 
duction of Niagara and some participated in the operations 
which resulted in the capture of Ticonderoga and Crown 
Point. The crowning achievement of the year, however, 
was the great victory of the forces under General Wolfe 
which brought about the surrender of Quebec and effectually 
sealed the fate of Canada.^ 

As the expedition planned for 1760 required from New 
Hampshire the same number of men as the one made the 
previous year, the assembly, in view of " the glorious end 
proposed and now in prospect," agreed to raise 800 men, 
" notwithstanding the inability of the province and the 
seeming impossibility that may attend its being further as- 
sistant." To expedite the levies, the men were promised 
the same bounty, wages, rewards and gratuities as were 
given the year before while special inducements were of- 
fered those who served in the previous campaign and re- 
enlisted. Later, other encouragement was voted the men. 
Instead of following the old route to Albany, the regiment, 
when ready to move west, was set to work cutting a road 
through the woods from the Connecticut river towards 
Crown Point, to connect with one already built from Lake 
Champlain eastward. This they did so expeditiously that 
they arrived at the fort almost a fortnight before the divis- 
ion of the army which they were to join was ready to march 
on Montreal. With the surrender of the latter city the fol- 
lowing September, the war in the New World was prac- 

1 Provincial Papers, vol. vi, pp. 621, 702, 704, 707. For wages of the 
men and muster rolls see ibid., vol. vi, pp. 713, 714, 739. 743- Also 
Adjutant General's Report, 1866, vol. ii. 



520 NEW HAMPSHIRE AS A ROYAL PROVINCE [702 

tically over and the great struggle between the French and 
the Enghsh for supremacy in North America was at an end/ 

As the services of the royal troops in America however 
were needed in Europe, the colonies were now called upon 
to furnish men to supply their places as it was necessary, in 
order to hold what had been already gained, to keep troops 
posted at various strategic points until peace was concluded 
between the contending powers. As each colony was re- 
quested to raise two-thirds as many men as were promised 
in 1760, the New Hampshire assembly in 1761 and again 
in 1762 agreed to furnish the quota assigned, namely 534 
men. Furthermore, it voted to furnish 51 men for ser- 
vice during the winter months. Moreover, in 1762 it also 
authorized the enlistment of 143 others, which General 
Amherst asked for as New Hampshire's quota of recruits 
for the royal regiments that were then in service but deficient 
in strength. Now that the glory of conquest was over, 
however, the governor found it more difficult than ever to 
find men willing to enlist. Volunteers came forward very 
slowly, notwithstanding the fact that special inducements 
were offered them. Increasing the bounty and augmenting 
the men's wages did little good. Securing the men by an 
equitable draft from the provincial regiments was suggested 
as the only effective method, but this the assembly would 
not allow. The result was that the full number of men 
asked for could not be raised. Those, however, who did 
enlist were sent to such posts as the commanding ofificer of 
the British forces ordered. ^ 

With the ratification of the treaty of Paris in 1763 the 

^Provincial Papers, vol. vi, pp. 733, 739, 743, 745, 78/, 90S passim. 
Col. Gofife was in command of the New Hampshire regiment. 

2 Provincial Papers, vol. vi, pp. 787, 791, 796, 797, 814, 817, 822, 823, 
825, 827, 836, 841, 848, 850, 851, 853, 873, 880 passim. 



703 ] MILITARY AFFAIRS 52 1 

war was formally brought to a close. As England was con- 
firmed in the possession of the French territory she then oc- 
cupied, the fear of Indian raids on the border was forever 
removed and the province entered upon an era of peace 
which continued until the war for Independence began 

in 1775- 

Notwithstanding the long periods of war, however, and 

the uncertainty which long existed over titles to land, New 
Hampshire during the colonial era had steadily increased 
in population. Back in 1641 the number of inhabitants liv- 
ing within the limits of Mason's grant did not exceed 1000 
while in 1679, when the royal province was established, the 
number was less than 3000. On account of the nature of 
hostilities and the exposed position of the province, the ratio 
of increase during King William and Queen Anne's Wars 
was small. By 1720, however, the population was a little 
more than double that of 1679 and by 1730 it had increased 
to 10,000. From that time on there was a more rapid 
growth. When the last war with France began the pro- 
vince is said to have contained 30,000 people and four years 
after its close it had 52,700. During the next eight years 
the increase appears to have been about 5000 a year. Ac- 
cording to the census of 1773 there were 72,092 inhabitants 
in the province and according to that of 1775, 82,200.^ 

*Laws of Nezv Hampshire, vol. i, preface; Provincial Papers, vol. 
iv, p. 532; vol. vii, pp. 170, 780; vol. X, pp. 636, 689; Belknap, History 
of New Hampshire, vol. iii, pp. 177, 344. 346. 



APPENDIX 



ROYAL COMMISSIONS. 



Commission to. 

President John Cutt.' 
Lt.-Gov. Edward Cranfield. 
President Joseph Dudley. 
Gov. Sir Edmund Andros.' 
Gov. Samuel Allen. ^ 
Lt.-Gov. William Partridge. 
Gov. Lord Bellomont. 
Gov. Joseph Dudley. 
Lt.-Gov. John Usher. 
Gov. Eliseus Burgess.* 
Lt.-Gov. George Vaughan."" 
Gov. Samuel Shute. 
Lt.-Gov. John Wentworth." 
Gov. William Burnet.' 
Gov. Jonathan Belcher. 
Lt.-Gov. David Dunbar. 
Gov. Benning Wentworth.® 



Issued. 
Sept. i8, 1679. 
May 9, 1682. 
October 8, 1685. 
June 3, 1686. 
March i, 1692. 
June 26, 1696. 
June 18, 1697. 
April I, 1702. 
June ID, 1703. 
Early in 1715. 

June 15, 1716. 
Sept. 12, 1717. 

January 28, 1730. 
Feb. 27, 1731. 
July 3, 1 741. 



Office assumed 
under it. 
January 21, 1680. 
Oct. 4, 1682. 
May 25, 1686. 
Dec. 20, 1686. 
Sept. 15, 1698. 
Dec. 14, 1697. 
July 31, 1699. 
July 13, 1702. 
Oct. 22, 1703. 

Oct. 13, 1715- 
Oct, 17, 1716. 
Dec. 7, 1717. 
Nov. 2, 1728. 
August 25, 1730. 
June 24, 1 73 1. 
Dec. 13, 1741. 



' Upon Cult's death in March, 1681, Richard Waldron became president. lie offici- 
ated as such until Cranfield arrived in October, 1682. The latter left the province the 
middle of May, 1685, whereupon Walter Barefoot became the executive head of the 
government, and continued as such until Dudley took the oath of office in May, 1686. 

* Andros later received a second commission, dated April 7, 1688. He was deposed 
by the people of Boston, April i8, 16S9. 

^ In Allen's commission, John Usher was named Lieutenant-Governor. He came 
over and took the oaths of office on August 13, 1692. He was superseded by William 
Partridge, but received a reappointment in June, 1703. Allen did not come over him- 
self and assume the government until 1698. 

* Gov. Burgess resigned soon after being appointed, and never came to New Hamp- 
shire. In the copy of a draft of his commission in the Puljlic Record office in London, 
the dates in the body of the document are blank, but in the margin is written February 
8, 171S. 

° No copy of any commission to Vaughan has yet been found. He was suspended 
by Gov. Shute, September 30, 1717, see, supra, p. 91. 

° As the death of the sovereign set a time-limit to the life of the commission, execu- 
tives at such times found it necessary, in order to keep their places, to obtain a re- 
appointment. Sometimes they failed to secure it, others being appointed in their 
stead. After the death of George I, Lt.-Gov. Wentworth succeeded in obtaining a re- 
appointment, the new commission being dated October 17, 1727, and after the death of 
George II, Gov. Benning Wentworth also was re-appointed, his commission bearing 
the date of April 4, 1761. 

' In the draft of his commission in the Public Record office in London, the date in 
the margin is December 19, 1727. His commission as governor of New York had been 
formally revoked October 4, 1727. 

705] 523 



524 APPENDIX [706 

Lt.-Gov. John Temple. June 15, 1761. January 19, 1762. 

Gov. John Wentworth.' August 11, 1766. June 13, 1767. 



SPEAKERS HOUSE OF REPRESENTATIVES, 1692-1775. 



Person chosen.* Presented for approval. 

Richard Martin October 5, 1692. 

John Gihiian March 2, 1693. 

John Pickering October 18, 1693. 

George Jaffrey November 2, 1694. 

George Jaffrey May 16, 1695. 

George Jaffrey Novem.ber 6, 1695. 

John Plaisted September 16, 1696. 

John Pickering June 5, 1697. 

John Pickering December 28, 1697. 

Henry Dow January 5, 1698. 

John Pickering April 6, 1698. 

John Pickering January 5, 1699. 

Samuel Penhallow August 7, 1699. 

John Pickering July 17, 1702. 

Daniel Tilton January 12, 1703. 

John Pickering July i, 1703. 

John Pickering February 8, 1704. 

Mark Hunking June 30, 1709. 

Richard Gerrish June 19, 1710. 

Richard Gerrish April 20, 171S. 

Richard Gerrish November 8, 1715. 

Richard Gerrish August 21, 1716. 

John Plaisted January 10, 171 7. 

Thomas Packer May 13, 1717. 

Joshua Peirce September 26, 1719. 

' For the text of most of the commissions and a verification of the above dates, see. 
Laws of New Hampshire, Province Period, vol. i, pp. 2. 48, 53, 146, 226, soi. sm, 612; New 
Hampshire Provincial Papers, vol. i, pp. 373, 433, sSs, seo; vol. ii, pp. i. 19, S7, 70, 277, 
2S9. 3°5. 313. 366, 406, 407, 677, 678, 679, 69s, 711, 712; vol. iv, pp. 17, 600; vol. v, p. 87; vol. 
vi, pp. 630, 908; vol. vii, pp. 8, 24: vol. xviii, pp. 12, 17, 24. 575; vol. xix, pp. 655, 6S7, 689: 
Province Laws, edition 1771, preface. For short biographical sketches of the various 
executives, see. Laws of Netv Hampshire, Province Period, vol. i, preface, xc et seg.: 
New Hampshire Provincial Papers, vol. i, p. 590; vol. ii, pp. 70, 313, 680, 69s; vol. iii, pp. 
637, 658; vol. iv, pp. 504, s6i, 587, 599, 794; vol. vii, 124, 126, 387, 395. For fac-simile sig- 
natures of some of them, see, Provincial Papers, vol. vii, p. 396. 

' Usually the governor promptly approved the house's choice for speaker, see supra, 
p. 137. 



707] APPENDIX 525 

Peter Weare July 2, 1722. 

Nathaniel Weare December 13, 1727. 

Nathaniel Weare April 9, 1728. 

Andrew Wiggin April 18, 1728. 

Andrew Wiggin February 3, 1731. 

Andrew Wiggin August 29, 1732. 

Andrew Wiggin January i, 1734. 

Andrew Wiggin October 8, 1734. 

Andrew Wiggin May 2, 1735. 

Andrew Wiggin April 21, 1736. 

Andrew Wiggin March 9, 1737. 

Andrew Wiggin February i, 1740. 

Andrew Wiggin July 31, 1740. 

Andrew Wiggin February 2T, 1741. 

Andrew Wiggin January 14, 1742. 

Nathaniel Rogers January 26, 1745. 

Ebenezer Stevens June 5, 1745. 

Richard Waldron January 5, 1749. 

Meshech Weare September 22, 1752.. 

Henry Sherburne . - October 2^,, 1755. 

Henry Sherburne November 16, 1758. 

Henry Sherburne January 29, 1762. 

Henry Sherburne March 12, 1762. 

Henry Sherburne May 22, 1765. 

Peter Gihnan July 11, 1766. 

Peter Oilman May 18, 1768. 

John Wentworth May 23, 1771. 

John Wentworth April 8, 1774. 

John Wentworth • . . May 5, 1775. 



526 



APPENDIX 
ASSEMBLIES, 1692-1775. 



[708 



Convened.' 


Dissol 


ved. 


Convene 


d. 


Dissolvec 


3. 


Oct. 


4, 


1692 


; Oct. 


7, 


1692. 


Feb. 


3. 


1731 


; May 


18, 


1732. 


March 


I, 


1693 


Aug. 


5, 


1693. 


Aug. 


29, 


1732 


March 


10, 


1733 


Oct. 


18, 


1693 


; May 


24, 


1694. 


Jan. 


I, 


1734 


Jan. 


-^z, 


1734 


Nov. 


I, 


1694 


; May 


8, 


1695. 


Oct. 


8, 


1734 


; Oct. 


22, 


1734 


May 


15, 


169s 


Nov. 


2, 


1695. 


April 


30, 


1735 


; May 


17, 


1735 


Nov. 


6, 


1695 


; July 


23, 


1696. 


April 


21, 


1736 


; May 


12, 


1736 


Sept. 


16, 


1696 


Sept. 


24, 


1696. 


Marcl- 


I 8, 


1737 


; Nov. 


17, 


1738 


June 


8, 


1697 


; Dec. 


15, 


1697. 


Oct. 


24, 


1739 


; Feb. 


26, 


1740 


Dec. 


28, 


1697 


: March 


II, 


1698. 


July 


21, 


1740 


; Aug. 


7, 


1740 


April 


5, 


1698 


Oct. 


II. 


1698. 


Feb. 


12, 


1 741 


; March 


18, 


1 741 


Jan. 


5. 


1699; 


Jan. 


7, 


1699. 


Jan. 


13, 


1742 


Jan. 


I, 


1745- 


Aug. 


7, 


1699 


Sept. 


9, 


1702. 


Jan. 


24, 


1745 


May 


3, 


1745- 


Jan. 


12, 


1703 


■ April 


13, 


1703. 


June 


5, 


1745 


June 


4, 


1748. 


June 


23, 


1703 


Dec. 


II, 


1703. 


Jan. 


3, 


1749 


■^ Jan. 


4, 


1752. 


Feb. 


8, 


1704 


June 


V, 


1709. 


Sept. 


19, 


1752 


Sept. 


18, 


1755. 


June 


30, 


1709 


Nov. 


5, 


1714- 


Oct. 


23, 


1755; 


Oct. 


19, 


1758. 


April 


20, 


1715 


Sept. 


15, 


1715. 


Nov. 


14, 


1758; 


Nov. 


3, 


1 761. 


Nov. 


8, 


1715 


May 


19, 


1716. 


Jan. 


19, 


1762; 


Feb. 


4, 


1762. 


Aug. 


21, 


1716 


Dec. 


5, 


1716. 


March 


10, 


1762; 


March 


8, 


1765. 


Jan. 


10, 


1717; 


Jan. 


28, 


I717. 


May 


21, 


1765; 


March 


24, 


1768. 


May 


13, 


1717 


^ June 


28, 


1722. 


May 


17. 


1768; 


April 


13, 


1771- 


July 


2, 


1722 


Nov. 


21, 


1727. 


May 


22, 


1771; 


March 


7, 


1774. 


Dec. 


13, 


1727 


; March 


^1, 


1728. 


April 


7, 


1774; 


June 


8, 


1774- 


April 


9, 


1728 


; Dec. 


3, 


1730- 


May 


4, 


1775- 


1 







* The dates given mark the beginning and end of each assembly, i. e. the day when it 
first convened and the day when it was formally dissolved. They do not refer to any 
adjournments or prorogations. In order to verify the dates and facilitate reference to 
the work of the various assemblies, see La7vs of New Hampshire. Province Period, vol. i, 
517, 545, 565, 572, 575, 577, 581, 5S2, 534, 593, 594, 595, 604, 635, 637; New Hampshire Pro- 
vincial Papers, vol. ii, 236; vol. iii. i, 2, 4, 6, 13, 23, 23, 32, 33, 41, 42, 4S, 56, 60, 63, 64, 238. 
240, 245. 246, 270, 387. 390, 578. 579, 599, 647. 64S. 657. 653, 676, 6S0, 740, 782; vol. iv, 44. 45. 
138, 212, 226, 260, 274, 2S2, 423, 460, 467, 434, 524, 585. 5SS, 624, 623, 64s, 646, 667, 671, 680, 681, 
698, 700, 713. 715; vol. v, 9, 10. 28, 67, 68, 73. 8s, 134, 259, 322, SQO. 784: vol. vi. 69, 72, 74, 79, 
125, 123, 436, 437, 68s. 6S7, 799. 801, 807, 809; vol. vii, 58. 59, 114, 149, i6s, 171, 239. 285. 286. 
297, 310, 2,^2, 359, 369. 370. Except for a few assemblies, a fairly complete list of those 
returned as assemblymen in response to the governor's writs of election may be ob- 
tained by referring to the pages above which are in italic type. For the method of 
summons and the form of warrant, see ibid., vol. ii, 86: vol. xvii, 626, 665; vol. xviii, 354, 
602; Laws of New Hampshire, Provittce Period, vol. i, 637. 

'On September 24, 1717, Lt.-Gov. Vaughan dissolved the assembly, contrary to the 
governor's orders. This the governor held was illegal, so that it was convened again, 
see supra, p. 91. 

^ As this assembly was never formally organized, it could transact no business, see 
supra, p 139. 

* On July 18, 177s, Gov. Wentworth adjourned the assembly to September 28, 177s, 
when by proclamation he prorogued it to April 24, 1776. By that time, however, the 
government was in other hands. 



ERRATA. 

On page 80, line 21, the years there given should be 1749 and 1752 
respectively, while on line 25, the year should be 1749, see post, page 

139- 

On page 84, the name Elias Burgess, on line 2 and 17, should read 
Eliseus Burgess. 

On page 125, note one should read, "there were 91 councillors in all 
appointed. The average age of 54 of them at death was 70." 



VITA 

William Henry Fry, the writer of the present work, 
entitled " New Hampshire as a Royal Province," was born 
in Bristol, England, in 1875. At an early age he entered 
the public schools of the city of Brooklyn, N. Y., and after- 
wards attended the Boy's High School and the Brooklyn 
Latin School. In 1893 ^""^ matriculated at Columbia Col- 
lege, graduating four years later with the degree of bachelor 
of arts. The following year he received the master's de- 
gree. From 1894 to 1897 he was the holder of the Scher- 
merhorn Scholarship; in 1898 he received one of the 
Columbia scholarships in History, and from 1898 to 
1900 he was Schiff Fellow in Political Science. While 
at the school of Political Science he attended courses 
under Professors Osgood, Robinson, Burgess, Sloane, 
Dunning, Moore, and Mayo-Smith, and was a member 
of the seminar of Professor Osgood. The years 1900 to 
1903 he spent in travel and study abroad, being enrolled 
as a student at the Universities of Leipzig and Greifswald. 
Since then he has held the following positions, having 
served in the order named, as instructor in the New York 
public schools, as master in History and English in the 
Hudson River Military Academy, as tutor, as instructor in 
Mathematics and English in the New York Preparatory 
School and as an examiner for the Civil Service Com- 
mission. 



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